Borough of Jamesburg, NJ
Middlesex County
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Table of Contents
Table of Contents
Editor's Note: The general power to license and to prescribe license fees is contained in N.J.S.A. 40:52-1,2. Licensing is also a part of the general police power granted by N.J.S.A. 40:72-3 and N.J.S.A. 40:48-2.
[1982 Code § 4-1.1; Ord. No. 11-01 § 1; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
As used in this section:
AUCTIONEER
Shall mean a person who openly cries off and sells real or personal property at public auction, except that it does not mean a person or officer selling real or personal property pursuant to execution after an order has been entered by a court of competent jurisdiction.
CANVASSER
Shall mean the same as "solicitor."
DISTRIBUTOR
Shall mean a person who goes from house to house on public streets or in public places disposing of commercial circulars, posters, pamphlets, stickers, signs, and other like forms of advertising material.
MOBILE RETAIL FOOD VENDOR
Shall mean a peddler or solicitor who transports prepared food, foodstuffs, to be prepared or cooked prior to sale, and beverages for sale in the Borough by vehicle or pushcart, such food or beverage to be sold to individual patrons while said vehicle is stopped or parked. Mobile vendors who limit their sales to frozen products that are intended for immediate consumption after the sale, such as ice cream, frozen ices, or frozen confectionery products, are specifically excluded from the definition of "mobile retail food vendor." Also excluded are mobile vendors who primarily offer such frozen products for sale, so long as the sale of other food, foodstuffs, or beverages by that vendor is clearly incidental to the sale of such frozen products.
NONPROFIT ORGANIZATION
Shall mean an organization or entity possessing a tax exempt status which shall be evidenced by furnishing to the Borough a tax exemption number provided by the State of New Jersey and/or the government of the United States.
PEDDLER
Shall mean a person who goes from place to place by traveling the streets, or who goes from house to house, carrying goods, wares and merchandise in order to sell and to deliver them to customers.
SOLICITOR
Shall mean a person who goes, individually or by an agent, from house to house, selling or buying goods, wares or merchandise by sample or by taking orders for future delivery or by selling a service to be rendered in the future, either with or without accepting a down payment or an advance for the cost of the goods, wares, merchandise or service.
VEHICLE
Shall include wagons, carts, trailers, motor trucks, motor vehicles, service dispensers, or other types of conveyance.
[Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
The purpose of this section is to prevent dishonest business practices and fraudulent solicitation, to provide for traffic and pedestrian safety by regulating the use of streets and property adjacent thereto by canvassers, distributors or peddlers to prevent extended parking or trespassing on private or public property and to prevent violations of the Borough Zoning Ordinance by regulation of auctioneers, canvassers, distributors, peddlers and solicitors; and in the case of mobile retail food vendors, to prevent violations of the State Code, to protect traffic and pedestrian safety and prevent violations of the Motor Vehicle Code, and to generally provide for safety of the residents of the Borough.
[1982 Code § 4-1.2; Ord. No. 11-01 § 1; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
A license shall be obtained as provided herein and in compliance with all other terms and provisions of this section for each of the following:
a. 
Any auctioneer, solicitor, canvasser, mobile retail food vendor or peddler, who shall buy, sell, or dispose of any goods, wares, merchandise or services, or take orders for purchase, sale or rendering of any goods, wares, merchandise or services within the Borough, whether self-employed or employed by another individual or firm.
b. 
An auctioneer, solicitor, canvasser, distributor, mobile retail food vendor or peddler who shall engage in any business or occupation as defined and referenced in subsection 4-1.1 in the Borough Code.
c. 
Any person who shall handle any card, circular, pamphlet, paper, publication or advertising material in the following manner:
1. 
Distributing, or causing to be distributed, to the owner or occupant of any house, unless the same has been ordered previously, and in a different fashion, by the owner or occupant.
2. 
Placing, or causing to be placed, in or on any premises or motor vehicle.
3. 
Handing, or causing to be handed, to any person on the street.
4. 
Attaching, or causing to be attached, to any tree, pole, sign, billboard, fence or building that is not located on the premises of the person attaching, or causing to be attached.
[1982 Code § 4-1.3; Ord. No. 11-01 § 1; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
Each applicant for a license shall file with the Chief of Police a sworn written application, in duplicate, on a form to be furnished by the Chief, which shall give the following information:
a. 
Name and description of the applicant, including date of birth, driver's license number and social security or tax identification number.
b. 
Permanent home address and full local address of the applicant. If the applicant is a corporation, the name and address of its registered agent.
c. 
A brief statement of the nature of the business and a description of the goods, wares, merchandise or service to be sold.
d. 
If employed, the name and address of the employer together with credentials establishing the exact relationship.
e. 
The length of time for which the license is desired.
f. 
If a vehicle is to be used, a description of such vehicle and its license number.
g. 
The place where the goods or property to be sold or offered for sale are manufactured or produced, where such goods or property are located at the time such application is filed and the proposed method of delivery.
h. 
If the licensed activity is to be conducted at a fixed location, the address, ownership, and description of the premises.
i. 
The days of the week and the hours of the day during which the licensed activity will be conducted.
j. 
A photograph of the applicant taken within 60 days immediately prior to the date of the application which shall clearly show the head and shoulders of the applicant and shall measure two inches by two inches.
k. 
Two business references located in the County of Middlesex, State of New Jersey, or in lieu thereof, such other available evidence of the character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and responsibility.
l. 
A statement as to whether the applicant, and, if employed, the applicant's employer, has been convicted of any crime, misdemeanor, or violation of any Borough ordinance, the nature of the offense and the punishment or penalty assessed therefor.
[1982 Code § 4-1.4; Ord. No. 4-99 § 1; New; Ord. No. 02-00 § 1; Ord. No. 01-01 § 1; Ord. No. 11-01, § 1; Ord. No. 02-02 § 1; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
Upon receipt of an application properly completed and submitted pursuant to subsection 4-1.4, and payment of the license fee of $50, the Chief of Police shall forward the application to the Board of Health (if the application involves a mobile retail food vendor or other activities within the jurisdiction of the Board of Health), the Zoning Officer and the Fire Prevention Bureau.
The Chief of Police shall make, or cause to be made, an investigation of the business responsibility and criminal background of the applicant, and if employed, the applicant's employer, as he deems necessary for protection of the public good. The Chief of Police shall also examine the place or places that are likely to create traffic congestion or traffic hazards as a result of the location thereof or as a result of pedestrians or operators of motor vehicles utilizing such place or places. The duplicate application shall be kept on file in the Police Department upon completion of the investigation.
Any determination made by the Chief of Police that an application is unsatisfactory with respect to the applicant shall be based upon one or more of the following findings:
a. 
Conviction of a crime relating adversely to the occupation of peddling or soliciting, which shall be determined in accordance with the provisions of N.J.S.A. 2A:168A-2 and set forth in a written explanation provided to the applicant based upon consideration of the following factors or any other factors:
1. 
The nature and duties of the business for which a license is sought;
2. 
The nature and seriousness of the crime;
3. 
Circumstances under which the crime occurred;
4. 
The date of the crime;
5. 
The age of the applicant when the crime was committed;
6. 
Whether the crime was an isolated or repeated incident;
7. 
Social conditions which may have contributed to the crime; and
8. 
Any evidence of the rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of persons who have or have had the applicant under their supervision.
b. 
Prior violation of a peddling or soliciting ordinance.
c. 
Previous fraudulent acts or conduct.
d. 
Record of breaches of soliciting contracts.
e. 
Misrepresentation or false statement contained in the application for the license.
f. 
Concrete evidence of bad moral character.
The Board of Health shall make, or cause to be made, such investigation of the application to determine whether any applicable State statutes, regulations or municipal ordinances or regulations pertain to the proposed operation and to determine compliance of said operation with such statutes, regulations, and/or ordinances.
The Zoning Officer shall examine such application to determine compliance with any applicable provision of the Zoning Ordinance of the Borough as well as compliance with applicable provisions of this Code.
The Fire Prevention Bureau shall examine such application to determine compliance with all applicable statutes, codes, regulations and ordinances pertaining to fire safety.
The Board of Health, the Zoning Officer and the Fire Prevention Bureau shall each forward a recommendation of approval or disapproval of the application to the Chief of Police within three days after receiving the application. Failure to report within the three-day period shall be determined to constitute a recommendation of approval of the application.
On or before the fifth day after receiving the application, the Chief of Police shall state on it his approval or disapproval, signing it.
An applicant shall present any approved application for a license for which a fee is charged to the Borough Treasurer, and shall pay the required fee at the same time. The Borough Treasurer shall sign a receipt for the license fee, and promptly notify the Chief of Police in person or by telephone of the payment.
[1982 Code § 4-1.5; Ord. No. 11-01 § 1; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
If the Chief of Police disapproves of an application for a license, or fails to approve of it within five days, the applicant may appeal to the Borough Council to grant the license. Such appeal may be heard by the Borough Council at any special or regular meeting, and shall be made on five days' notice to the Chief of Police. Either the Chief of Police, or a member of the Police Department shall attend such hearing, and shall state the reasons for disapproval.
There shall be no administrative appeal from the decision of the Borough Council on this appeal.
[1982 Code § 4-1.6; Ord. No. 11-01 § 1; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
All licenses shall be issued by the Chief of Police after approval and payment of the required fee.
A license shall be in the form of a letter and shall contain the name of the licensee, the occupation licensed, the date of issuance and the date of expiration, the license number or other identifying description of any vehicle used in the activity licensed and the signature of the Chief of Police. It shall further state the limitation that such a license shall not be valid after 9:00 p.m., prevailing time.
To each duly licensed solicitor, canvasser, distributor, mobile retail food vendor and peddler, the Chief of Police shall issue a small badge, bearing a number, the name of the Borough, and a descriptive word, showing the type of occupation thus licensed.
Peddlers and solicitors who are already licensed by the Borough shall have 10 days prior to the expiration of the license to renew the same at the required fee. This right to renew shall not be assigned or transferred and shall be forfeited if not renewed within the ten-day period prior to expiration.
[1982 Code § 4-1.7; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
The licensee shall carry on his person the license for the occupation or profession which he has been licensed to engage in, for as long as he is actively engaged in such occupation or profession in the Borough. He shall exhibit such license at the request of any official of the Borough, and at the request of any person in the Borough with whom he desires or attempts to do business.
[1982 Code § 4-1.8; New; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
There shall be no soliciting, canvassing, distributing, peddling or auctioneering after 9:00 p.m. prevailing time, on any day.
[1982 Code § 4-1.9; Ord. No. 11-01 § 1; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
a. 
No licensee shall call attention to his business or to his merchandise by crying out, or blowing a horn, or by any other aggravating, loud or unusual noises.
b. 
No licensee shall conduct, or attempt to conduct his business at any residence or on any property on which is posted a sign expressly prohibiting such activity.
c. 
No licensee shall, during school hours, conduct or attempt to conduct his business within 200 feet of any place occupied exclusively as a public or private school or for school purposes, nor during such times shall be permit his cart, wagon or vehicle to stand on any public highway within such distance of any school property.
d. 
No licensee shall allow any other person to use the license issued hereunder.
e. 
When the licensed activity is conducted at a fixed location or from a vehicle, the license shall be prominently displayed at the location or on the vehicle. Each vehicle used shall display a license tag bearing the words, "sales license for the year."
f. 
When parked on a time regulated public street, a peddler, solicitor or mobile retail food vendor must obey all existing parking ordinances.
g. 
Vehicles moved or parked on public streets in connection with a peddler's, solicitor's or mobile retail food vendor's operation must comply with all State and motor vehicle laws.
h. 
No signs are to be erected or displayed without the approval of the Zoning Officer, except for signs on vehicles that display prices on food offered.
i. 
Mobile retail food vendors must provide for the disposal of recyclable cans and/or bottles. Mobile retail food vendors are not to use public receptacles for garbage attributable to its operation.
j. 
The pushcart used by a peddler, solicitor or mobile retail food vendor shall contain all merchandise and equipment and shall not exceed six feet in length and four feet in width.
k. 
Peddlers, solicitors and mobile retail food vendors may only park or stop for the purpose of conducting sales in the General Business District of the Borough.
l. 
Peddlers, solicitors and mobile retail food vendors shall not park or stop any vehicle in such a manner as to block any advertisement, display or entrance to an existing store.
m. 
Peddlers, solicitors and mobile retail food vendors shall not park or stop any vehicle in an alleyway or walkway and shall not park or stop any vehicle in such a manner as to block an entrance to said alleyways or walkways.
n. 
Peddlers, solicitors and mobile retail food vendors shall not park or stop any vehicle in such a manner as to block any municipal sign, public receptacle for garbage, public bench or other public amenity.
o. 
Peddlers, solicitors and mobile retail food vendors must have their intended location approved by the Police Department prior to setting up operations. The Traffic Safety Officer will examine the site to determine if public safety is adversely affected by the location.
[1982 Code § 4-1.10; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
The Chief of Police shall keep a bound record book, in which he shall enter the dates of issuing all licenses, the names and addresses of the licensees, the occupation or profession for which the licenses were issued, the fees paid, and the number of each license.
Quarterly, the Chief shall report to the Borough Council the number of licenses issued, and the amount of fees collected.
[1982 Code § 4-1.11; Ord. No. 4-99; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1; Ord. No. 01-03 § 1; Ord. No. 23-03 § 1; Ord. No. 03-05 § 1; Ord. No. 03-06 § 1]
The annual fee charged each licensee shall be as set forth in the Borough Schedule of Fees Ordinance as found on file in the office of the Borough Clerk.
[1982 Code § 4-1.12]
Except for licenses issued for one or more days, licenses shall be effective only from January 1 through December 31 of each calendar year. All licenses shall expire and be void at 12:00 midnight on December 31 of each year.
There shall be no transfers of any license from one person to another at any time, or for any reason.
[1982 Code § 4-1.13; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
For good cause shown, and on complaint of any Police Officer, the Borough Council may revoke any license. At least five days' notice of a hearing concerning such proposed revocation shall be given to each licensee.
The Chief of Police may suspend, at any time, the effectiveness of a license issued to any person, pending a hearing before the Borough Council.
When a license has been either suspended or revoked, the Chief of Police shall repossess the license theretofore issued to any licensee.
[1982 Code § 4-1.14; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
The Police Department shall be charged with the duty of enforcing the provisions of this section.
[1982 Code § 4-1.15; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
The equipment used or employed by peddlers of ice cream, foods, beverages, confections and other related commodities shall be maintained in a clean and sanitary manner and be subject to the licensing and inspection of the Board of Health or its authorized agents. Any violation found and not immediately corrected shall be grounds for revocation of the license.
[1982 Code § 4-1.16; Ord. No. 11-01 § 1; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
The following persons shall be exempt from the requirements of this section, except from the provisions of subsection 4-1.10 hereof:
a. 
Any person selling or vending fruits, vegetables, and farm products grown by himself, with or without the help of other persons.
b. 
Any person, honorably discharged from the armed forces of the United States, who possesses a peddler's license issued in conformity with N.J.S.A. 45:24-10 and any amendment or amendments thereof.
c. 
Any person who conducts a sale pursuant to statute, or to court order.
d. 
Any person who is an exempt member of a volunteer fire department, as defined by N.J.S.A. 45:24-9b, and who possesses a license issued in conformity with this subsection, and with any amendment or amendments thereof.
e. 
Any person under 18 years of age who sells and delivers newspapers or magazines for profit, or who solicits subscriptions to magazines.
f. 
Any person conducting charitable, philanthropic or nonprofit solicitation, pursuant to Section 4-2.
g. 
Any person who is engaged in the distribution of mail by the United States, or in the distribution of noncommercial circulars, pamphlets, leaflets, booklets or other literature for religious, charitable, political, educational or civic purposes, or in canvassing individually or on behalf of any nonprofit organization for religious, charitable, political, educational or civic purposes.
[1982 Code § 4-2.1; Ord. No. 21-02 § 2; Ord. No. 30-02 § 2]
As used in this section.
CHARITABLE AND PHILANTHROPIC
Shall mean and include patriotic, religious, eleemosynary, benevolent, educational, civic or fraternal associations, societies and the like.
CONTRIBUTION
Shall mean and include the giving of alms, food, clothes, money subscriptions, pledges or property of any nature or kind.
NONPROFIT ORGANIZATION
Shall mean an organization or entity possessing a tax exempt status which shall be evidenced by furnishing to the Borough a tax exemption number provided by the State of New Jersey and/or the government of the United States.
PERSON OR ORGANIZATION
Shall mean any individual, firm, copartnership, corporation, company, association, church, religious denomination, society, class or league.
SOLICIT AND SOLICITATION
Shall mean the request, directly or indirectly, of money, credit, property, financial assistance, and other things of value on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable and philanthropic purpose and/or on behalf of a nonprofit organization as defined in this section. "Solicitation" shall be deemed to be complete when made, whether or not the person making the same received any contribution.
[1982 Code § 4-2.2; Ord. No. 21-02 § 2; Ord. No. 30-02 § 2]
No person or organization shall solicit charitable and philanthropic contributions or contributions on behalf of a nonprofit organization within the Borough without first obtaining a permit authorizing such public solicitations; provided that the provision of this section shall not apply to any established person or organization authorized and not operated for the pecuniary profit of any person if the solicitations by such person or organization are conducted among the members thereof or if the solicitations are in the form of collections or contributions at the regular assembly or meetings of any such person or organization.
[1982 Code § 4-2.3; Ord. No. 21-02 § 2; Ord. No. 30-02 § 2]
Application for a permit to make a public solicitation of funds by charitable, philanthropic and nonprofit organizations shall be made to the Chief of Police upon forms provided by him.
An investigation of the application shall be made by the Chief of Police, in accordance with the provisions of subsection 4-1.5, to determine that the person or organization is bona fide.
[1982 Code § 4-2.4; Ord. No. 21-02 § 2; Ord. No. 30-02 § 2]
Upon approval of the application, the Chief of Police shall issue a license in accordance with the provisions of subsection 4-1.7. There shall be no fee for a permit issued hereunder.
[1982 Code § 4-2.5; Ord. No. 21-02 § 2; Ord. No. 30-02 § 2; Ord. No. 06-03 § 1]
The Police Chief shall keep a current calendar of approved solicitations to be conducted within the Borough.
[1982 Code § 4-2.6; Ord. No. 21-02 § 2; Ord. No. 30-02 § 2]
Permits shall be issued for such time periods as set forth in subsection 4-1.13.
[1982 Code § 4-2.7; Ord. No. 21-02 § 2; Ord. No. 30-02 § 2]
Any person or organization receiving money from any contributor under a solicitation made pursuant to this section shall give to the contributor a written receipt signed by the solicitor showing the date and the amount received; provided that this section shall not apply to any contribution collected by means of a closed box or receptacle used in the solicitation where the use thereof has been approved by the Borough Council, where it is impractical to determine the amount of each contribution.
[1982 Code § 4-2.8; New; Ord. No. 21-02 § 2; Ord. No. 30-02 § 2]
All solicitations conducted under the authority of this section shall take place no later than 9:00 p.m. on any day.
[Ord. No. 14-04 § 4-3.1]
As used in this section, the following terms shall have the meanings indicated:
PERSON OR ORGANIZATION
Shall mean any individual, firm, partnership, corporation, company, association, church, religious denomination, society, class, league or other similar type of entity.
SEASONAL MERCHANDISE
Shall mean and include only Christmas trees, Christmas wreaths, Christmas grave blankets, Christmas arts and crafts items, Valentine's Day flowers, Easter flowers, Easter baskets, Mother's Day flowers, Mother's Day baskets, pumpkins and other autumnal decorative items, and any other article or items of an arts and crafts nature, or of a decorative nature, related to a particular season of the year or holiday.
SEASONAL SALES ACTIVITY
Shall mean the conduct of all matters relating to the sale of seasonal merchandise, as defined herein, by a seasonal sales vendor, as defined herein, pursuant to the terms and conditions contained in this section.
SEASONAL SALES LOCATION
Shall mean a fixed location at which a seasonal sales vendor may engage in seasonal sales activities within the Borough of Jamesburg. Such location shall be owned or leased by the seasonal sales vendor.
SEASONAL SALES TIME PERIOD (OR TIME PERIOD)
Shall mean a specific limited period of time as specified in the seasonal sales permit, which shall not exceed 45 days, during which a seasonal sales vendor may engage in seasonal sales activities within the Borough of Jamesburg.
SEASONAL SALES VENDING PERMIT
Shall mean the permit issued by the Borough of Jamesburg which shall allow a seasonal sales vendor to engage in seasonal sales activities for a specified limited time period.
SEASONAL SALES VENDOR
Shall mean a person or organization that engages in seasonal sales activity as defined herein at all fixed location owned by and/or leased by the applicant for a specified limited period of time.
[Ord. No. 14-04 § 4-3.2]
The purpose and intent of this section is to establish certain regulations governing the temporary sale of seasonal merchandise by seasonal sales vendors within the Borough. The Borough of Jamesburg believes that the establishment of such regulations is in furtherance of the health, safety and welfare of the residents of the Borough.
[Ord. No. 14-04 § 4-3.3]
It shall be unlawful for any seasonal sales vendor, as defined herein to engage in seasonal sales activities within the Borough of Jamesburg without first obtaining a permit thereof, in accordance with the provisions of this section.
[Ord. No. 14-04 § 4-3.4]
An applicant for a seasonal sales vending permit under this section shall file a sworn application with the Borough Clerk on a form to be provided. A complete application for a seasonal sales vending permit must be submitted to the Borough Clerk at least 20 days prior to the actual specified time period for conducting the seasonal sales activity. An application submitted less than 20 days prior to the specified time will be accepted; however, no seasonal sales activities may commence unless and until a seasonal sales vending permit is issued. An application determined to be incomplete upon review by the Borough Clerk shall be returned to the applicant. The following information shall be provided by the applicant in its application:
a. 
The name, address and telephone number of the person or organization applying for the seasonal sales vending permit under the provisions of this section.
b. 
The proposed commencement and termination dates for the seasonal sales activity which shall not exceed 45 days.
c. 
The block and lot location(s) of the property or properties to be utilized in conducting the seasonal sales activity, defined herein as the seasonal sales location.
d. 
A property survey of the lot(s) upon which the seasonal sales activity is intended to occur, which survey shall be prepared by a New Jersey licensed professional engineer or surveyor. A hand drawn sketch plat may be submitted in lieu of a survey plat. The purpose of the survey plat and/or sketch plat is to determine if the proposed seasonal sales location is sufficient for the intended seasonal sales activity. The following information must be set forth on the survey and/or sketch plat submitted.
1. 
Location of and quantities of merchandise to be stored and displayed on the lot(s).
2. 
Location of on-site parking as well as off-site parking associated with the site location.
3. 
Location of curb cut access to indicate proper ingress and egress to the site to evaluate and prevent traffic hazards, congestion or excessive interference with normal traffic movements on adjacent public streets.
4. 
Location of temporary signs which shall be in accordance with the regulations set forth under Section 30-26 of the Borough Code and the requirements of subsection 4-3.5 of this section.
e. 
A statement as to how the site shall be maintained during the designated seasonal sales time period, as well as a statement indicating how trash, refuse and other materials will be disposed of other than through normal solid waste collection services provided by the Borough of Jamesburg.
f. 
A certification from the Borough of Jamesburg Tax Collector that all taxes have been paid on the subject lot(s) and are current.
g. 
Proof of liability insurance coverage for the seasonal sales location.
[Ord. No. 14-04 § 4-3.5]
a. 
All seasonal sales vendors shall provide a certificate of insurance to the Borough which names the Borough of Jamesburg as an additional insured on the vendor's policy.
b. 
All seasonal sales vendors shall execute an indemnification and hold harmless statement which shall release the Borough of Jamesburg and all of its officers, employees and agents harmless from and against any and all liability relating to the seasonal sales activity at the seasonal sales location, which statement shall be in a form acceptable to the Borough Attorney.
c. 
No temporary signs advertising the seasonal sales activity shall be placed in any tree, telegraph, electric light or public utility pole or upon rocks or other natural features located within the public right-of-way. All temporary signs shall be located on-site.
d. 
No more than four temporary signs shall be erected. Temporary signs shall not exceed six square feet in area nor exceed four feet in height.
e. 
Temporary signs may not be erected prior to 48 hours before the designated commencement of the seasonal sales activity and must be removed immediately after the termination date.
f. 
No sign shall be erected that is of such character, from shape or color that it imitates or resembles any official traffic sign, signal or device or that has any characteristics which are likely to confuse or dangerously distract the attention of the operator of a motor vehicle on a public street.
g. 
Temporary signs shall be kept in a proper state of repair in accordance with the requirements of the Borough's Building Code, Property Maintenance Code and other pertinent regulations. Signs which fall into such a state of disrepair as to become unsightly or to pose a threat to public safety may be removed by the Borough at the owner's expense upon proper notification by the Borough.
h. 
No temporary signs shall be erected within or project over the right-of-way of any public street or sidewalk. No temporary signs placed on the site shall be relocated in such a fashion which would affect the site visibility of the motoring public as determined by the Chief of Police or his designee.
i. 
Sales of seasonal merchandise as regulated by this section, shall only be permitted between the hours of 8:00 a.m. and 9:00 p.m.
j. 
All debris, materials, trash, etc. must be removed from the site within three business days, holidays excluded, following the expiration of the seasonal sales vending permit issued by the Borough of Jamesburg.
[Ord. No. 14-04 § 4-3.6]
a. 
Upon receipt of an application for a permit for seasonal sales activity, the original shall be maintained by the Borough Clerk and copies thereof shall immediately be referred by the Borough Clerk to the Chief of Police, the Zoning Officer, the Fire Inspector and the Business Administrator who shall cause relevant investigations to be undertaken as may be needed for the protection of the public welfare.
b. 
Such review and investigation by the above Borough officials (or their designees) shall be completed within 14 days following receipt of the application by the Borough Clerk, and such Borough officials (or their designees) shall endorse thereupon their approval, approval with conditions, or disapproval of the application and return same to the Borough Clerk within said fourteen-day period. If disapproved, the relevant Borough official(s) must specify the reasons therefor. In such cases, the Borough Clerk shall immediately notify the applicant that the application has been disapproved and the reasons for such disapproval.
c. 
If the above Borough officials determine from their respective investigations that no reason or reasons exist for denial, then the Borough Clerk shall forthwith issue a permit to the applicant for the desired seasonal sales activity. The Borough Clerk shall keep a record of all permits issued and of all complaints received, if any, concerning each permit.
[Ord. No. 14-04 § 4-3.7]
The following grounds shall be sufficient to warrant denial of a seasonal sales vendor permit.
a. 
The applicant has failed to comply with the application procedures and requirements as set forth in this section.
b. 
Violation of any of the grounds set forth in subsection 4-3.11 herein.
c. 
Disapproval by the Chief of Police, the Zoning Officer, the Fire Inspector or Business Administrator following their review as to matters relating to the health, safety and welfare of the residents of the Borough of Jamesburg, including but not limited to lack of provision of adequate parking, or that the sales will create a hazard, or for any other deficiency noted in this Section.
d. 
Other good cause as set forth by the relevant reviewing official(s)
[Ord. No. 14-04 § 4-3.8]
Any fee associated with a seasonal sales vending permit shall be as set forth in the Borough Schedule of Fees Ordinance on file in the office of the Borough Clerk.
[Ord. No. 1404 § 4-3.9]
Once issued a seasonal sales vending permit shall be posted by the seasonal sales vendor in a place which is readily visible to the public.
[Ord. No. 14-04 § 4-3.10]
A seasonal sales vending permit shall be issued for a specific time period not to exceed 45 days. Permits shall not be transferable and must be surrendered after expiration of the applicable time period before a new permit or renewal permit may be issued.
[Ord. No. 14-04 § 4-3.11]
a. 
Seasonal sales vending permits issued under this section may be revoked by the Chief of Police, the Zoning Officer, the Fire Inspector or the Borough Administrator after reasonable notice and a hearing for any of the following causes:
1. 
A misrepresentation or false statement contained in the application for the permit.
2. 
A misrepresentation or false statement made in the course of carrying on the activities regulated herein.
3. 
A conviction of any crime or disorderly person's offence involving moral turpitude.
4. 
Conducting the business of seasonal sales activities in an unlawful manner and in violation of any provision of this section or in such a manner as to constitute a breach of the peace or to constitute a nuisance or menace to health, safety or general welfare of the public.
b. 
Any violation of the provisions of this section shall be cause for immediate revocation of a permit issued by the Borough of Jamesburg, and the revocation of the permit shall be grounds for the nonissuance of a subsequent permit for a period not to exceed two years.
c. 
Notice of a hearing for revocation of a permit shall be given in writing, setting forth the grounds of complaint and the time and place of hearing. Such notice shall be served personally upon the seasonal sales vendor by means of a summons or by mail, postage prepaid, to the seasonal sales vendor at the address given by the seasonal sales vendor in making the application, with such notice to be given at least five days prior to the date set for the hearing.
[Ord. No. 14-04 § 4-3.12]
Any person aggrieved by the action of the Chief of Police, the Zoning Officer, the Fire Inspector, the Borough Administrator or the Borough Clerk in the denial of an application for a seasonal sales permit or in the decision with reference to a revocation of a seasonal sales vending permit shall have the right to appeal said determination to the Borough Council of the Borough of Jamesburg by submitting a written notice of appeal to the Borough Clerk within 10 days of issuance of the denial. The Borough Council shall set a time and place for hearing such appeal, which shall be within 20 days of the Borough Clerk's receipt of the written notice of appeal. Notice of the Borough Council's hearing on the appeal shall be given to the appellant in the same manner as provided in subsection 4-3.11c of this section for Notice of Hearing on Revocation. The decision and order of the Borough Council on such appeal shall be final and conclusive.
[Ord. No. 14-04 § 4-3.13]
It shall be the duty of any Police Officer of the Borough of Jamesburg, or the Zoning Officer, the Fire Inspector or Business Administrator of the Borough of Jamesburg, to enforce the provisions of this section.
[Ord. No. 14-04 § 4-3.14]
Any person who shall violate any provision of this section shall, upon conviction, be liable for the penalties as stated in Chapter 1, Section 1-5, of the Borough Code.
[Ord. No. 13-97]
As used in this section:
ARTIST
Shall mean a person who does tattooing or body piercing.
BODY PIERCING
Shall mean the placing of a permanent or temporary foreign object in a person's body, such as ears, nose, lips, genitals, nipples, or parts thereof, for a decorative or other nonmedical purpose by a person not directly under the supervision of a licensed physician.
BODY PIERCING AREA
Within a body piercing establishment shall mean the immediate vicinity where body piercing is performed.
BODY PIERCING ARTIST
Shall mean a person engaged in the practice of body piercing.
BODY PIERCING ESTABLISHMENT
Shall mean the building or structure where body piercing is practiced.
CERTIFICATE OF INSPECTION
Shall mean written approval from the Health Officer or his authorized representative that the tattooing or body piercing establishment has been inspected and meets all of the terms of this section.
FACILITY
Shall mean either a place where tattooing or body piercing is conducted.
HEALTH OFFICER
Shall mean the appointed licensed Health Officer or his authorized representative.
OPERATOR
Shall mean any individual, firm, company, corporation or association that owns or operates an establishment where tattooing or body piercing is performed and any individual who performs or practices the art of tattooing or body piercing on the person of another.
TATTOO ARTIST
Shall mean one who engages in tattooing.
TATTOO ESTABLISHMENT
Shall mean the location wherein tattooing is performed.
TATTOO, TATTOOED OR TATTOOING
Shall refer to any method of placing designs, letters, scrolls, figures, symbols, or any marks under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments designed to puncture the skin.
[Ord. No. 13-97]
The standards of this Section apply to both temporary and permanent body piercing and tattooing establishments.
[Ord. No. 13-97; Ord. No. 03-06 § 1]
a. 
It shall be unlawful for any person to engage in the business of operating an establishment where tattooing or body piercing is performed without first obtaining a license from the Borough Council to engage in such business in accordance with the provisions hereof.
b. 
An application for an initial license shall be accompanied by a fee as set forth in the Borough Schedule of Fees Ordinance as found in the office of the Borough Clerk. Any change of ownership shall require a new application and license with payment of fees therefor. All applicants shall submit plans for the establishment to the Borough Council prior to the initiation of construction.
c. 
The renewal license fee for engaging in the business of operating a tattoo or body piercing establishment within Jamesburg shall be as set forth in the Borough Schedule of Fees Ordinance as found in the office of the Borough Clerk. All licenses shall expire on the last day of June, annually. If renovations of the tattoo or body piercing establishment occur, plans shall be submitted to the Borough Council and the applicant will be required to comply with subsection 4-4.5. The late fee for failure to renew a license shall be as set forth in the Borough Schedule of Fees Ordinance as found in the office of the Borough Clerk.
d. 
All existing establishments will be considered renewal applications provided that they apply for a renewal of the license within one month after the effective date of this section. Establishments failing to apply within the specified time period will be subject to the provisions of paragraph c of this subsection.
e. 
The provisions of this section and all licensing fees shall be due immediately upon enactment of this section.
f. 
The application accompanied by the license fee shall set forth:
1. 
Local and permanent addresses and telephone numbers of applicant and manager.
2. 
If applicant is a corporation, the name, address and telephone numbers of its registered agent and officers.
3. 
Certification that all dyes and inks used in tattooing are non-toxic.
4. 
Applicant to comply with O.S.H.A. blood borne pathogen standard and medical waste disposal regulations.
[Ord. No. 13-97]
a. 
Age. It shall be a violation of this section for anyone or any tattoo or body piercing business to tattoo or body pierce an individual under 18 years of age without authorization signed by the parent or legal guardian and witnessed by the operator. The operator shall be responsible for maintaining the original consent form and copies of all consent information for a period of two years beyond the recipient's 21 birthday. The operator shall obtain a copy of a photo ID of the individual being tattooed.
b. 
Each person wishing a body piercing or tattoo shall fill out an application which shall include name, date of birth, address and telephone number of the client as well as the location(s) of the tattoo or body piercing and the name of the operator. All records are to be maintained for a minimum of two years and shall be available to the Health Officer or his authorized representative upon request.
c. 
If the applicant is suspected to be under the influence of alcohol, drugs, or any other behavioral modifying substance, the operator shall refuse the applicant. If the applicant is suspected of having an infectious disease in a communicable stage, the operator shall refuse service.
d. 
Written guidelines shall be established for the care of the body site. Each client shall receive a written copy of the guidelines for care of body piercing or tattoo sites. Care instructions must include the following minimum recommendations for body piercing.
1. 
Wash body piercing gently with mild soap and water and pat dry;
2. 
Apply antibacterial cleaner at least twice per day;
3. 
Avoid swimming or soaking the body piercing until healed;
4. 
Avoid scratching, picking, or touching of the body piercing;
5. 
If redness or swelling develops, contact your doctor.
[Ord. No. 13-97]
a. 
Each facility shall have a bathroom accessible to the public and staff. Each bathroom shall be equipped with a commode and a sink with the sink being connected to hot and cold running water. Soap and sanitary towels, or other approved hand drying devices, shall be available at the sink at all times. Common towels are prohibited. In addition to the above, each cubicle or work station must be provided with a sink connected to hot and cold running water. This area shall also be provided with soap and appropriate hand drying facilities.
b. 
The chair or seat reserved for the person receiving the body pierce or tattoo shall be of a material that is smooth and easily cleanable and constructed of material that is non-absorbent. Any surfaces on the chair that become exposed to blood or body fluids must be cleaned and sanitized prior to use by the next customer.
c. 
The work table or counter used by the operator shall be smooth and easily cleanable and constructed of material that is non-absorbent. There shall be a covered junction between the table/counter and the wall if the table/counter is to be placed against the wall. The table/counter must be cleaned and sanitized, utilizing a method approved by the Health Officer, between customers.
d. 
The walls in the work area shall be smooth and easily cleanable and constructed of a non-absorbent material.
e. 
The floor in the work area shall be of a durable material that is non-absorbent and is smooth and easily cleanable. Floors shall be kept clean.
f. 
Lighting within the work area shall be adequate so as to provide a minimum of 100 candles in all areas.
g. 
The work area reserved for the application of the tattoo or piercing shall be separated from other areas of the establishment by walls or durable partitions extending at least six feet in height and so designated to discourage any persons other than the customer and the operator from being in the work area.
h. 
Any surfaces in the establishment that become exposed to blood or body fluids must be cleaned and sanitized, utilizing a method approved by the Health Officer.
i. 
All products used in cleaning, sanitizing and sterilizing procedures must be clearly marked and stored in an acceptable manner in accordance with the hazard communications regulations. Smaller working containers filled on-site from larger containers must be clearly marked with the name of the product.
j. 
Proper waste receptacles shall be provided and waste disposed of at appropriate intervals in a safe manner.
k. 
All medical waste shall be disposed of according to State standards. All records shall be kept on site and shall be available for inspection. All medical waste records shall be maintained for a least three years after manifest as required by N.J.A.C. 7:26-3A21.
l. 
The entire premises and equipment shall be maintained in a clean, sanitary condition and in good repair.
[Ord. No. 13-97]
a. 
Hepatitis-B pre-exposure vaccination or proof of immunity is required for all operators. Any accidental needle stick shall be reported to the Borough. If a person cannot obtain the vaccination for medical reasons, he shall submit to the Borough a letter from his physician certifying that the individual does not have hepatitis-B and the vaccination is contraindicated. This certification shall be annually renewed and shall be available upon request during inspection.
b. 
All operators shall provide documentation of the education or training received. The documentation and training to be determined satisfactory by the Health Officer.
c. 
Before working on each patron, each artist shall scrub and wash his hands thoroughly with hot water and an E.P.A. approved germicide cleaning material using his individual hand brush. Fingernails shall be kept clean and short.
d. 
Disposable gloves shall be worn by the artists during preparation and application to prevent contact with blood or body fluids. All materials shall be disposed of in accordance with subsection 4-4.10 after contact with each patron. Hands shall be washed immediately after removal of gloves. Any skin surface that has contact with blood shall be washed immediately. Medical waste shall be disposed in compliance with latest State regulations.
e. 
Immediately after treating a patron, the operator shall advise the patron on the care of the tattoo or body area pierced and shall instruct the patron to consult a physician at the first sign of infection. Printed instructions regarding these points shall be given to each patron as described in subsection 4-4.4d.
f. 
All infections resulting from the practice of tattooing or body piercing which become known to the operator shall be reported to the Health Officer by the person owning or operating the establishment or by the artists within 24 hours.
[Ord. No. 13-97; Ord. No. 18-97]
a. 
Only safety razors with disposable blades shall be used for the preparation. Blades shall be disposed of according to applicable requirements of subsection 4-4.9 and 4-4.10 of this section after each use and a new blade shall be used for each patron.
b. 
Following shaving, the area shall be thoroughly cleaned and scrubbed with tincture or green soap, or its equivalent and warm water. Before working on the patron's skin, the area shall be treated with 70% alcohol and allowed to air dry.
c. 
Piercing of the tongue shall be permitted, but only under the following circumstances:
1. 
In all establishments that perform this procedure, a copy of the letter to Councilman Mark Wyzykowski from Bernard G. Mihalko, Director of the Department of Public Health, County of Middlesex, New Jersey, Date June 6, 1997, must be posted in a conspicuous place which is clearly visible to all patrons.
2. 
All customers who wish to have their tongues pierced must first read the above-referenced letter and then sign a statement verifying that they have read the same, that they are aware of the inherent health and safety risks associated with tongue piercing and that, notwithstanding the same, they nevertheless knowingly, willingly, voluntarily, and intentionally wish to proceed.
d. 
No piercing or tattooing shall be done on skin surfaces that have a rash, pimples, boils, infections, or manifests any evidence of unhealthy conditions.
e. 
Ear piercing guns shall not be used for body piercing, but may only be used for piercing ear lobes. If the ear piercing gun is reused, it must be cleaned and sanitized between patrons. An ear piercing gun may only be used to apply studs in a patron's ears, following manufacturer's instructions. The use of an ear piercing gun to apply a stud or any other jewelry to other areas of the body is prohibited.
f. 
Satisfactory lubricants or antiseptic ointments shall be applied to the tattoo area prior to tattooing. The ointment shall be applied in a satisfactory manner, disposing of the utensil used for spreading. Collapsible tubes of ointment or jelly may also be used.
[Ord. No. 13-97]
a. 
Tattooing.
1. 
Design stencils shall be thoroughly cleansed and rinsed in an E.P.A. approved germicide effective against tuberculosis for at least 20 minutes or disposed of following each use. Effective against tuberculosis is the standard because it then is more effective against HBV and HIV.
2. 
Only non-toxic dyes or pigments may be used. Pre-mixed sterile materials are preferred. Pre-mixed dyes shall be used without adulteration of the manufacturer's original formula. It shall be the responsibility of the operator to provide certification to the Borough of Jamesburg of the non-toxicity of the dyes or inks at the time of license application and renewal.
3. 
Single service or individual containers of dye or ink shall be used for each patron and the container disposed of immediately after completing work on each patron. Any dye in which the needles are dipped shall not be used on another person.
4. 
The completed tattoo shall be washed with sterile gauze and a solution of tincture of green soap or its equivalent, then disinfected with 70% alcohol. The area shall be allowed to air dry and antiseptic ointment applied and spread with sterile gauze and sterile dressing attached.
b. 
Body Piercing.
1. 
Jewelry preparation. Jewelry or an insertion taper that has been autoclaved and never worn must be placed in a medical antibacterial prep soak for 10 minutes and dried thoroughly before insertion. Jewelry previously worn by the patron must be soaked in a medical antibacterial prep soak for 10 minutes in a separate container that is disposed of or sterilized immediately after service. Jewelry worn by person other than the patron must be cleaned and sterilized before insertion.
2. 
Linen cleaning and storage. Cloth towels, robes, and similar items used in conjunction with body piercing must be laundered in a washing machine with hot water, laundry detergent and chlorine bleach between uses. A closed, dustproof container must be provided for the storage of clean towels and linens. A hamper or similar container must be provided for the storage of soiled towels and linens.
[Ord. No. 13-97]
a. 
Only single service needles and needle bars shall be used for each patron.
b. 
If solder is used in manufacturing needles, needle bars, or needle tubes, it must be free of lead.
c. 
Any needle or sharp object that penetrates the skin shall be immediately disposed of in accordance with subsections 4-4.5 and 4-4.10 of this section and applicable State laws.
d. 
Needle tubes shall be soaked with soapy water, then scrubbed with a clean brush and rinsed clean. Needle tubes shall be sterilized, stored in sterile bags, and maintained in a dry, closed area as required by this section.
e. 
Each item to be sterilized shall be individually wrapped using indicator bags or strips. Sterilization shall be by steam sterilization. The sterilizer shall be well maintained with a tight fitting gasket and a clean interior. The manufacturer's operation instructions and sterilization specifications shall be at hand. The sterilizer shall conform to the sterilization cycle. Proper functioning of sterilization cycles shall be verified by the weekly use of biologic indicators (i.e., spore tests). A bound log book of these weekly test results shall be available, and a test may be required to be done during any inspections. A loose leaf log book or one that would allow additions or deletions shall not be used.
f. 
If the primary source of sterilization malfunctions, the Borough shall be notified within 24 hours. In an emergency situation, the Borough Health Officer may approve alternative sterilization techniques.
g. 
Needles and bars shall not be bent or broken prior to disposal. Tattoo artists shall take precautions to prevent injuries form contaminated needles or tubes.
[Ord. No. 13-97]
a. 
All used needles, needle bars, or other tools used in the tattooing process, as well as gloves, gauze and other materials contaminated with blood or body fluids shall be sterilized in accordance with subsections 4-4.9 and paragraph 4-4.5k of this section, then discarded in a disposable rigid container. In lieu of this requirement, contracting with an authorized service for the disposal of infectious waste shall be acceptable. All medical waste regulations shall be adhered to.
b. 
All non-infectious waste shall be disposed of in accordance with subsection 4-4.5j.
[Ord. No. 13-97]
a. 
Nothing in the foregoing shall be construed so as to affect the practice of medicine or any other recognized profession or occupation by a person duly licensed by the State of New Jersey to engage in such practice, profession, or occupation and whose license would lawfully authorize the piercing of the body.
[Ord. No. 13-97]
a. 
Not less than $100 nor more than $1,000 for each violation of this section. Each day that the violation exists is considered to be a separate offense.
b. 
Reasonable counsel fees incurred by the Borough in the enforcement of this section shall be paid by the defendant. The amount of such reimbursement fees and costs shall be determined by the court hearing the matter.
c. 
This section shall preempt any municipal ordinance inconsistent herewith.
[Ord. No. 13-97]
a. 
In addition to being subject to the penalties provided in subsection 4-4.12, any license issued under this section may be revoked or suspended by the Borough for any misstatement in any application or for any violation of this section. No license shall be revoked or suspended until the licensee has been afforded a hearing before the Borough Council. Notice of the filing of a complaint which seeks to suspend or revoke any license issued under this section shall be served on the defendant personally or on the manager, registered agent or officer of the corporation by certified mail or personal delivery to the business establishment's address or house address of a responsible party. The notice will establish a date for a hearing to be held not more than 15 days from the date of such notice, at which time the defendant shall have the right to be represented by counsel, call witnesses, cross-examine witnesses produced in support of the complaint, as well as such other rights necessary in order to insure due process. Should any license be revoked or suspended, no part of the license fee shall be returned.
[1982 Code § 4-3.1]
For the purpose of this section, a public pool room or billiard parlor shall be any business establishment which has therein one or more pool or billiard tables, including coin-operated tables, for use by the public.
[1982 Code § 4-3.2]
No person shall own or operate a public pool room or billiard parlor within the Borough without first having obtained a license to operate such a business in the Borough.
[1982 Code § 4-3.3]
a. 
All applications for licenses shall be made in writing on forms furnished by the Borough and presented to the Borough Clerk. The application shall state the name, residence and age of the applicant, whether the applicant has ever been convicted of a crime involving moral turpitude, the correct name under which the business is being operated; the location of the business; the number of pool or billiard tables and such other pertinent information which may be considered necessary to properly consider the application.
b. 
In the case of application by a partnership, all the partners shall answer the questions contained in the application. No license shall be issued unless all of the partners qualify as individual applicants.
c. 
In the case of application by a corporation, the application shall state the names and addresses of, and the amount of stock held by all stockholders holding one or more percent of any stock thereof, of all officers and of all members of the Board of Directors or any holder directly or indirectly of 10% or more in beneficial interest of the stock of the corporation and all persons so named shall answer the questions contained in the application. No license shall be issued unless all of the persons named in the application qualify as individual applicants.
d. 
All applications shall be duly sworn to by each of the applicants, except in the cases of applications by corporations which shall be duly sworn to by the president or vice-president. All statements in the applications required by this section shall be deemed material and any person who shall knowingly misstate any material fact shall be guilty of a violation of this section.
[1982 Code §§ 4-3.4, 17-3.3; Ord. No. 8-9-83; Ord. No. 8-23-83; Ord. No. 4-92; Ord. No. 1-94; Ord. No. 8-94; Ord. No. 1-95; Ord. No. 4-96; Ord. No. 4-99 § 1; Ord. No. 02-00 § 1; Ord. No. 01-01 § 1; Ord. No. 02-02 § 1]
Fees shall be paid at the time application is made and shall be as set forth in the Borough Fee Schedule Ordinance found in the office of the Borough Clerk.
[1982 Code § 4-3.5]
Upon submission of the application and payment of the required fee to the Borough Clerk, the Clerk shall refer the application to the Chief of Police who shall make, or cause to be made, an inspection of the premises and an investigation of the application statements. After investigation and inspection the Chief of Police shall make a written report approving or disapproving the application and file the report with the Borough Clerk.
If the Chief of Police shall disapprove the application, he shall state in the report the reasons therefor. The Borough Clerk shall then present the application and the Chief's report to the Mayor and Council. If the Mayor and Council approve the application they shall direct the Borough Clerk to issue the license. If the Council should disapprove the application it shall direct the Borough Clerk to return the license fee to the applicant together with the application upon which he shall endorse the fact of disapproval and the date thereof.
[1982 Code § 4-3.6]
The number of licenses to operate a public pool room or billiard parlor shall be limited to eight, and no pool room or billiard parlor shall have more than 10 pool tables or billiard tables or a combination of both.
[1982 Code § 4-3.7]
The term of the license shall be for one year, to commence on January 1 in each year and may be renewable annually.
[1982 Code § 4-3.8]
The Borough Council in addition to any penalty imposed upon a licensee for violation of this section, may, on hearing, suspend or revoke the license heretofore granted to such licensee for the following reasons:
a. 
Any violation of this section.
b. 
Conviction of the licensee of any crime.
c. 
Deliberate misstatement of any material fact in the application for such license.
d. 
Any condition which may arise from the operation of the business which the Council in its discretion deems detrimental to the general good and welfare of the Borough including constituting a nuisance, disturbing the peace or annoyance to adjoining property owners.
In the event of the revocation of any license for any reason aforesaid, no refund shall be made to the licensee.
[1982 Code § 4-3.9]
Prior to the above mentioned hearing, the Council shall issue and cause to be served upon the licensee either personally or by certified mail addressed to the residence of the applicant as set forth in his license application, a written complaint stating the charge against the licensee and containing a notice that a hearing respecting the charge shall be held before the Council at a time and place therein fixed not less than 10 days nor more than 30 days after the service of the complaint and notice. The licensee shall have the right to file a written answer to the complaint with the Borough Clerk within five days of the date set for hearing and to appear in person, by counsel or otherwise and give testimony at the time and place fixed in the complaint and notice. The rules of evidence prevailing in courts of law or equity of this State shall not be controlling in hearings before the Council.
[1982 Code § 4-3.10]
a. 
All applications for transfers of licenses to other premises shall be made in writing on forms furnished by the Borough Clerk, signed and sworn to by the licensee. Information with reference to the premises to which a transfer of license is sought, as required by subsection 4-5.3 shall be set forth in connection with an original application for license as to such premises.
b. 
All applications for transfers of licenses to other persons shall be made in writing on forms furnished by the Borough Clerk, shall be signed and sworn to by the person seeking the transfer and shall bear the consent to such transfer by the licensee. Application shall be presented to the Borough Clerk and shall set forth the same information with reference to the persons to whom the transfer is sought as required by subsection 4-5.3, which was included in the original application for a license.
c. 
Transfers of licenses both as to person and place may be applied for simultaneously and in a single application; but the license shall not be transferred to the applicant if the place to place transfer is denied.
d. 
All statements in the applications required by this section shall be deemed material and any person who shall knowingly misstate any material fact shall be guilty of a violation of this section.
[1982 Code § 4-3.11]
No license to operate a public pool room or billiard parlor shall be issued or transferred wherein the premises to be licensed is located within 200 feet of any church, hospital or school. The distance shall be measured from the nearest entrance of any church, hospital or school to the nearest entrance of the premises sought to be licensed in the normal way that a pedestrian would properly walk.
[1982 Code § 4-3.12]
No licensee, agent, servant, or employee of a licensee, shall allow, suffer, permit, or cause to allow, suffer or permit:
a. 
The licensed premises to be or remain open for business on Sunday between the hours of 12:00 midnight and 1:00 p.m. and between the hours of 12:00 midnight and 9:00 a.m. on Monday to Saturday inclusive.
b. 
A minor under the age of 16 years, unaccompanied by a parent or guardian, to play in or at the licensed premises the games commonly known as pool or billiards or games of a similar nature, or to frequent or lounge or congregate or gather therein or in or about the front of the licensed premises.
c. 
A minor over the age of 16 years and under the age of 18 years, unless accompanied by a parent or guardian, to play in or at the licensed premises after the hour of 9:00 p.m. the games commonly known as pool or billiards or games of a similar nature, or to frequent or lounge or congregate therein or in or about the front of the licensed premises.
d. 
Any gambling in any form in or at the licensed premises.
e. 
Any person under the age of 18 years to be employed in any capacity in or at the licensed premises.
f. 
Any intoxicated or disorderly person to be admitted to the licensed premises or to remain therein or to loiter in or about the front of the licensed premises.
[1982 Code § 4-4.1]
As used in this section:
MECHANICAL AMUSEMENT DEVICE
Shall mean any machine, whether operated mechanically, electrically or by other means, or regardless of whether or not it registers, scores or tallies, which, upon the insertion of a coin, slug, token, plate, disc or key may be operated by the general public as a game for entertainment or amusement. Examples of mechanical amusement devices include marble machines, pinball machines, bagatelle, skill ball and mechanical grab machines. The preceding list is intended to be illustrative only, and the term mechanical amusement device shall include all games, machines or devices of a similar nature regardless of what names are given to them.
This section shall not apply to mechanical amusement devices which are not operated for profit.
[1982 Code § 4-4.2]
No person shall install, place, maintain, operate or possess in any store, building or place, wherein the public is invited or may enter, or in any building, store or other place wherein any club or organization meets or maintains quarters, any automatic or mechanical coin-operated machine, game or device of skill or entertainment, vending machine or juke box which is operated or set in motion by the deposit therein of any coin, token or slug within the Borough, without first applying for and obtaining a license therefor.
[1982 Code § 4-4.3]
The application for each license required shall be filed with the Borough Clerk and shall show the name and address of the applicant, his age, and the place where the machine, game or device is to be displayed or operated, and the nature of any business, if any, conducted at such address.
[1982 Code §§ 4-4.4, 17-3.3; Ord. No. 8-23-83]
a. 
A license shall be issued for each premises in the name of the proprietor where the machine is to be installed and showing the number, name, serial number of each machine or device listed and approved in the application. Such license shall be issued for a period of one year only, from the date of approval by the Mayor and Council. The Borough Clerk shall be responsible for maintaining an up-to-date register of all licensed mechanical amusement devices and shall issue gummed labels or stickers for each such device licensed, containing a Borough serial number and the serial number and name of the machine or device and shall affix the official seal of the Borough of Jamesburg thereto.
b. 
The licensee shall be responsible for affixing and maintaining each label or sticker to the properly licensed device or machine. In the event of a lost, stolen or defaced label or sticker, the licensee shall be responsible for obtaining a duplicate from the office of the Borough Clerk. The fee for a duplicate label or sticker shall be $2.
[1982 Code §§ 4-4.5, 17-3.3; Ord. No. 8-9-83; Ord. No. 8-23-83; Ord. No. 4-92; Ord. No. 1-94; Ord. No. 8-94; Ord. No. 1-95; Ord. No. 4-96; Ord. No. 4-99 § 1; Ord. No. 02-00 § 1; Ord. No. 01-01 § 1; Ord. No. 02-02 § 1; Ord. No. 01-03 § 1; Ord. No. 23-03 § 1; Ord. No. 03-05 § 1; Ord. No. 03-06 § 1]
The license fee for each juke box and each automatic or mechanical coin-operated game or amusement or vending machine shall be as set forth in the Borough Fee Schedule Ordinance on file in the office of the Borough Clerk.
[1982 Code §§ 4-4.6, 17-3.3]
a. 
If the licensee of any such machine shall transfer his place of business to a different location within the Borough, the license for any one or more machines transferred to the new place of business may also be transferred for the remainder of the license year, upon application to the Borough Clerk. The fee for a place-to-place transfer shall be $5.
b. 
A license may be transferred from one machine to another by giving notice to the Borough Clerk to that effect and giving a description, name and serial number of the new machine or device. The Clerk shall then issue a new gummed label or sticker, as specified in subsection 4-6.4. The fee for a machine-to-machine transfer shall be $2.
[1982 Code § 4-4.7]
No mechanical amusement device shall be located in any premises within 200 feet of a church or other religious institution or a public or private school. The distance shall be measured from the nearest entrance of the church or school to the nearest entrance of the premises on which the mechanical amusement device is located or is sought to be located along the route that a pedestrian would normally walk.
[1982 Code § 4-4.8; Ord. No. 8-23-83]
No establishment containing mechanical amusement devices shall permit them to be operated between the hours of 12:00 midnight and 9:00 a.m.
With the exception of that device, commonly known as a "juke box," the purpose of which is the reproduction of recorded or taped music, no person shall permit a minor under the age of 16 years to play or operate any of the devices or machines licensed by this section between the school hours of 8:00 a.m. and 3:30 p.m. on Monday through Friday when the Jamesburg Elementary Schools are in session, including the lunch period.
[1982 Code § 4-4.9; Ord. No. 8-23-83]
a. 
The license shall be permanently and conspicuously posted on the premises.
b. 
No such device or machine as specified in this section shall be placed, operated, maintained or used in any back room, side room or building appendage hidden from full view of the general public.
c. 
No operator shall offer or permit to be offered any prizes or awards, whether in cash or otherwise, as an inducement to use mechanical amusement devices except for free games resulting from the participants skill and ability to reach a numerical score, the amount of which shall be posted on each device or machine.
d. 
No person holding a license under this section shall permit or allow the playing of juke boxes anywhere within the Borough between the hours of 1:00 a.m. and 6:00 a.m. on any day.
e. 
No licensee shall knowingly permit any person convicted of a crime involving moral turpitude to be associated with him in the ownership or management of the business or to be in his employ or to loiter on the premises.
f. 
All licensed premises shall be supervised at all times during the hours that they are open for business in order to maintain order.
g. 
The Chief of Police shall issue regulations to members of his department for the routine and timely observations of the licensed premises and to insure that devices or machines are properly licensed. A written report from the Chief of Police shall be made to the Mayor and Council, at least two times each calendar year, indicating that premises and machines have been inspected and are in conformance with this section and the provision thereof.
[1982 Code § 4-4.10; Ord. No. 8-23-83]
Nothing in this section shall be construed to authorize any gambling device of any kind whatsoever, including any device that disperses any kind of payoff or reward, or any device that has been judicially determined to be a gambling device or declared to be a gambling device under any law of the State of New Jersey. If the Chief of Police has reason to believe any mechanical amusement device is used as a gambling device, he shall cause that machine to be seized and impounded. If after trial it is determined that the machine was in fact being used as a gambling device, it shall be destroyed and the license revoked. Revocation of license and seizure of the machine shall be in addition to any other penalty which may be imposed for violation of this section.
[1982 Code § 4-4.11]
Any license issued under the provisions of this section shall be subject to revocation should the licensee directly permit the operation of any such machine, contrary to the provisions of this section or of any other ordinances of the Borough, or of the laws of the State of New Jersey. Such license may be revoked by the Borough Council after written notice shall have been given to the licensee, with a specification as to the ordinance or law violations with which the licensee is charged. The notice shall notify the licensee of a hearing regarding the alleged violation or violations not less than 10 days prior to such hearing. The licensee and his attorney may be present and may submit evidence of witnesses in the defense of the licensee.
[1982 Code § 4-4.12; New]
Any person guilty of a violation of any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 13-86; Ord. No. 12-06 § 1]
This section is for the purpose of regulating all games of chance, held, operated or conducted within the Borough, pursuant to the acts of the Legislature of the State of New Jersey, known as the Bingo Licensing Law and the Raffles Licensing Law, and in accordance with the rules and regulations issued or to be promulgated by the Legalized Games of Chance Control Commission in the Department of State of the State of New Jersey. All applications, licenses, and proceedings in connection therewith shall be subject to the provisions of the acts and rules and regulations and to any laws, rules and regulations hereafter enacted and shall be further subject to the provisions of this section. The Municipal Clerk is hereby delegated the authority to act as the "issuing authority" to approve the granting of raffle and bingo licenses.
[Ord. No. 13-86]
a. 
Hours. No license authorized by law shall hold, operate or conduct any game of chance at the place where the game of chance is being conducted under any license except between the hours of 11:00 a.m. and 3:00 a.m., these hours to be governed by Eastern Standard Time and Daylight Saving Time when in effect in the Borough.
Pursuant to the provisions of N.J.S.A. 5:8-53, legalized games of chance may be conducted in the Borough by duly licensed organizations between the hours of 1:00 p.m. and 3:00 a.m. on Sunday.
b. 
Organization Eligible for License. No license to conduct a game of chance as authorized by law shall be issued to any organization not having a bona fide situs established in good faith within the State of New Jersey and actively engaged in serving one or more of the authorized purposes as defined by the rules and regulations of the Legalized Games of Chance Control Commission.
[1982 Code § 4-8.1]
As used in this section:
CHIEF OF POLICE
Shall mean the Chief of Police of the Borough of Jamesburg.
PARADE
Shall mean any parade, march, ceremony, show, exhibition, assembly, pageant or procession of any kind, or any similar display in or upon any street, park or other public place in the Borough.
PARADE PERMIT
Shall mean a permit as required by this section.
[1982 Code § 4-8.2]
No person shall engage in, participate in, aid, form or start any parade unless a parade permit shall have been obtained from the Chief of Police. This section shall not apply to funeral processions, students going to and from school classes or participating in educational activities under the immediate direction and supervision of the proper school authorities, or a governmental agency acting within the scope of its functions.
[1982 Code § 4-8.3]
A person seeking issuance of a parade permit shall file an application with the Chief of Police not less than 20 days, nor more than 30 days, before the date on which the parade is scheduled to be held. The application shall set forth the following:
a. 
The name, address and telephone number of the person seeking to conduct the parade.
b. 
If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of the organization.
c. 
The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct.
d. 
The date when the parade is to be conducted.
e. 
The route to be traveled: the starting point and the termination point.
f. 
The approximate number of persons, animals and vehicles which will constitute the parade; the type of animals and a description of the vehicles.
g. 
The hours when the parade will start and terminate.
h. 
A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed.
i. 
The location, by streets, of any assembly areas for the parade.
j. 
The time at which units of the parade will begin to assemble at the assembly area or areas.
k. 
The interval of space to be maintained between units of the parade.
l. 
If the parade is designed to be held by, on behalf of or for any person other than the applicant, the applicant for the permit shall file with the Chief of Police a communication in writing from the person proposing to hold the parade authorizing the applicant to apply for the permit on his behalf.
m. 
Any additional information which the Chief of Police shall find reasonably necessary to a fair determination as to whether a permit should be issued.
[1982 Code § 4-8.4]
The Chief of Police shall issue a permit, as provided for hereunder, when, from a consideration of the application and from other information as may otherwise be obtained, he finds that:
a. 
The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.
b. 
The conduct of the parade will not require the diversion of so great a number of Police Officers of the Borough to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection of the Borough.
c. 
The conduct of the parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the Borough, other than that to be occupied by the proposed line of march and areas contiguous thereto.
d. 
The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to the assembly areas.
e. 
The conduct of the parade will not interfere with the movement of fire-fighting equipment enroute to a fire.
f. 
The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays enroute.
g. 
The parade is not to be held for the sole purpose of advertising any product, goods or event, and is not designed to be held purely for private profit.
[1982 Code § 4-8.5]
The Chief of Police shall act upon the application for a parade permit within 10 days after the filing thereof. If the Chief of Police disapproves the application, he shall mail to the applicant within 10 days after the date upon which the application was filed a notice of his action, stating the reasons for his denial of the permit.
[1982 Code § 4-8.6]
Any person aggrieved shall have the right to appeal the denial of a parade permit to the Mayor and Council. The appeal shall be taken within five days after notice. The Mayor and Council shall act upon the appeal within two days after its receipt.
[1982 Code § 4-8.7]
The Chief of Police, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five days after notice of the action of the Chief of Police. file a written notice of acceptance with the Chief of Police. An alternate parade permit shall conform to the requirements of, and shall have the effect of a parade permit under this section.
[1982 Code § 4-8.8]
Immediately upon the issuance of a parade permit, the Chief of Police shall send a copy thereof to the Mayor, Borough Attorney, Fire Chief, Postmaster and general manager or responsible head of each transportation utility, the regular routes of whose vehicles will be affected by the route of the proposed parade.
[1982 Code § 4-8.9]
Each parade permit shall state the following information:
a. 
Starting time.
b. 
Minimum speed.
c. 
Maximum speed.
d. 
Maximum interval of space to be maintained between the units of the parade.
e. 
The portions of the streets to be traversed that may be occupied by the parade.
f. 
The maximum length of the parade in miles or fractions thereof.
g. 
Any other information which the Chief of Police shall find necessary to the enforcement of this section.
[1982 Code § 4-8.10]
a. 
A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances.
b. 
No participant in a parade shall carry any baseball bat, club, stave, or any other object which may be used as an offensive or defensive weapon.
[1982 Code § 4-8.11]
The parade chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade.
[1982 Code § 4-8.12]
a. 
Interference. No person shall unreasonably hamper, obstruct or impede, or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade.
b. 
Driving Through Parades. No driver of a vehicle shall drive between the vehicles or persons comprising a parade when the vehicles or persons are in motion and are conspicuously designated as a parade.
c. 
Parking on Parade Route. The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof constituting a part of the route of a parade. The Chief of Police shall post signs to that effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this section.
[1982 Code § 4-8.13]
The Chief of Police shall have the authority to revoke a parade permit issued hereunder upon application of the standards for issuance as herein set forth.
[1982 Code § 4-8.14; New]
Any person who violates any provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 14-08]
The purpose and intent of this section is to enable the Borough of Jamesburg and its Governing Body to have control over the type and scope of special events to be held within the confines of the Borough, while insuring the protection of the interest of those in the community upon whom such special events shall impact.
[Ord. No. 14-08]
Any person or organization desiring to hold any concert, race, walkathon, fair, carnival, celebration, sporting event, show, or any event which involves festival seating, or any other similar event in or upon any public grounds or private property, park or road of the Borough of Jamesburg, must first apply for and obtain a special events permit in accordance with the requirements of this section.
[Ord. No. 14-08]
a. 
A person or organization seeking issuance of a permit hereunder shall file an application with the Municipal Clerk, on a form to be provided for that purpose, on which form the applicant shall furnish pertinent information to include but not limited to the following:
1. 
The name, address and telephone number of the applicant.
2. 
The name, address and telephone number of the person or persons, corporation, organization or association sponsoring the activity.
3. 
A detailed description of the proposed event and a sketch that shows the area or route to be used, along with proposed structures, tents, fences, barricades, signs, banners and restroom facilities, more commonly referred to as a "footprint."
4. 
The date(s) and hours for which the permit is desired.
5. 
The location of the event for which the permit is desired, and complete details as to how the applicant intends to provide for security, traffic control, site cleanup, separation of recyclables and disposal of trash and debris.
6. 
The number of attendees, participants, spectators, contestants and/or other people that are reasonably anticipated to attend the event.
7. 
A detailed description of the Borough's resources or services that shall be required to be provided in connection with the event.
8. 
Any applicant claiming status as a nonprofit organization shall be required to provide the necessary documentation to that effect.
b. 
Upon verification that the application is complete, the Municipal Clerk shall submit to the appropriate Councilmatic committee for preliminary review. The committee may require the applicant to supplement its application with any pertinent documentation that may be of assistance to the committee. The committee shall make a recommendation to the Mayor and Council. The Mayor and Council will make the final decision on the approval of the application. Issuance of a permit may be subject to such conditions and restrictions as may be determined necessary by the Mayor and Council.
c. 
All completed applications must be submitted to the Municipal Clerk at least 60 days prior to the desired event unless the application is for a special event of the type covered by subsection d below.
d. 
Permits for public gatherings and assemblies protected by the First Amendment to the United States Constitution and the New Jersey State Constitution shall receive expedited review. Such permits shall be granted or denied by the Business Administrator, acting on behalf of the Mayor and Council, within five business days of receipt of a fully completed application. The application must clearly state that it is for a constitutionally protected activity and must be hand delivered directly to the Business Administrator.
[Ord. No. 14-08]
The special event permit application fee shall be set forth in the Schedule of Fees Ordinance. The application fee is nonrefundable. Other fees may be required as determined by the Mayor and Council to be necessary depending on the nature and extent of the proposed activity. These fees may include the cost of providing municipal services for the proposed event. The resolution authorizing the special event shall set forth all other required fees to be paid by the applicant. All required fees shall be due and payable 10 days prior to the event. Failure to pay such fees within the prescribed time period shall void the approval. In addition to the fees payable prior to each event, the applicant shall be required to pay for any additional unanticipated expenses which were occasioned or became necessary during or after the event, as a direct result of the event.
[Ord. No. 14-08]
The standards for the issuance of a permit pursuant to this section shall include but shall not necessarily be limited to the following findings:
a. 
That the proposed event will not unreasonably interfere with or detract from the general public's enjoyment of public parks, roadways or facilities to be utilized.
b. 
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
c. 
That the proposed activity and uses that are reasonably anticipated will not likely include violence, crime or disorderly conduct.
d. 
That the facilities desired have not been reserved for other use at the date and time requested in the application.
e. 
That the applicant will maintain the premises in the same condition which existed prior to the event.
[Ord. No. 14-08]
The standards for denial of a permit pursuant to this section shall include but shall not be limited to the following:
a. 
That the proposed event will disrupt traffic within the Borough beyond practicable solutions.
b. 
That the location of the event will cause undue hardship to adjacent property owners.
c. 
That the proposed event will require the diversion of so many public employees that allowing the event would unreasonably deny service to, or jeopardize the safety of, the remainder of the Borough's residents.
d. 
That the application contains incomplete or inaccurate information, or that the applicant has failed or refused to provide necessary or requested information upon request from the Borough.
e. 
That the application fails to comply with all the terms and conditions of this section.
[Ord. No. 14-08]
a. 
Responsibility.
1. 
It shall be the permit applicant's responsibility to secure all necessary other permits, licenses and/or approvals which may be required (i.e. by State, local or other outside agencies), in conjunction with the proposed event.
2. 
All permit applicants shall assume all risks associated with premature advertisement of any event prior to the time of issuance of a permit by the Mayor and Council, as well as any and all costs which may have been expended prior to the time of official approval of the application by the Mayor and Council.
3. 
All permit holders shall be required to abide by all requirements set forth in the permit, as well as all Borough ordinances, State Statutes (including but not limited to the New Jersey Riot Act, N.J.S.A. 2C:33-1 et seq.), and all other rules and regulations which may be applicable to the event.
4. 
All permit holders shall be responsible for any and all additional costs that are incurred as a result of the event, including costs which may have been unforeseen at the time the permit was issued but which became necessary.
5. 
Any personnel provided by the Borough in connection with any special event sponsored by an outside party shall not be considered employees or agents of the outside party. If emergency services are required for any special event, then only Jamesburg's emergency personnel may be utilized.
b. 
Liability; Performance Guarantees/Security Deposit.
1. 
All permit holders shall be liable for all losses, damages and/or injuries sustained by any person whatsoever by reason of the event or activities associated with the event.
2. 
The terms of this section shall not be construed as imposing upon the Borough of Jamesburg or its officers or employees any liability or responsibility for any injury or damage to any person in any way connected to the use for which the permit was issued. The Borough and its official and employees should not be deemed to have assumed any liability or responsibility by reason of any inspections performed, the issuance of any permits, or the approval for use of any Borough property in connection with a permit issued hereunder.
3. 
All permit holders shall assume full responsibility for the acts and conduct of all persons admitted to the event by or with the consent of the permit holder, or any person acting for or on behalf of the permit holder.
4. 
If any portion of Borough property or other premises where the event is held is damaged by the act or omission of the permit holder, or by the permit holder's agents, employees, patrons, customers, guests, invitees, or any other person admitted to the premises by the permit holder, the permit holder shall be responsible for all costs associated with the restoration of the property or premises to the condition that existed prior to the occurrence of such damage. The amount of such damage shall be considered an additional fee.
5. 
A performance bond issued by a surety company acceptable to the Borough or a cash security deposit sufficient to cover any damages occasioned as a result of the special event may be required by the Mayor and Council. Additionally, a cash security deposit may be required to ensure compliance with all terms and conditions imposed by the Mayor and Council in connection with the issuance of the permit.
c. 
Insurance Coverage. All permit holders must submit minimum liability insurance coverage in an amount to be determined by the Mayor and Council, depending on the size and nature of the event planned. The Borough of Jamesburg, its officers, employees, agents and representatives must be named as additional insured parties on the policy.
d. 
Indemnification. All permit holders shall defend, indemnify and hold the Borough of Jamesburg, its officers, employees, contractors, agents and representatives harmless from and against any and all liability for claims, demands, damages, suits, judgments, fines, losses and expenses, of any nature, which are sustained as a result of the event, and shall execute an indemnification and hold harmless agreement in a form acceptable to the Borough prior to the event.
[Ord. No. 14-08]
All permits issued pursuant to this section shall be temporary and do not invest any permanent or continuing rights. No permit issued pursuant to this section shall convey any right, interest or title in any Borough property to the permit holder. Any permit may be revoked at any time by the Business Administrator, acting on behalf of the Mayor and Council, for violation of the conditions for which the permit was issued, or for violation of any ordinance which relates to the conducting of the event, or for any violation of the terms of this section, or when the event is found not to be in the best interests of the Borough, or for other good cause shown.
[Ord. No. 14-08]
a. 
Offenses. A person commits an offense if he or she:
1. 
Commences or conducts an event that is subject to the requirements of this section without a permit, or;
2. 
Fails to comply with any condition, requirement or provision of the permit, or otherwise violates any section, rule or regulation that is applicable to the event.
b. 
Penalty. A person who violates a provision of this section shall be guilty of a separate offense for each day or part thereof during which the violation is committed or continued and shall be liable, upon conviction, to the penalty as stated in Chapter 1, Section 1-5 of the Revised General Ordinances of the Borough of Jamesburg, or as provided by State Statute.
[1982 Code § 4-5.1]
TRAVELING SHOWS, CARNIVALS AND CIRCUSES
Shall mean companies of performers for the public for money, who travel from one community to another, or others. These shall not include performers of theatre, drama and concerts who exhibit performances in communities other than Jamesburg and also exhibit performances in theatres or other enclosed places in Jamesburg.
[1982 Code § 4-5.2]
No carnival, circus or traveling show shall be opened or operated in the Borough unless and until a license has been issued in accordance with this section.
[1982 Code § 4-5.3]
a. 
No license for a carnival, circus or traveling show shall be considered or issued until a written application has been signed by the person desiring to operate such circus or show and the application filed with the Borough Clerk. The proper fee shall be paid to the Clerk and copies of the application shall be filed with the Police Department, the Fire Department and Board of Health. The aforesaid boards shall submit their comments concerning the application to the Mayor and Council prior to the issuance of any approval by the Mayor and Council.
b. 
The license application and proper fee shall be delivered to the Borough Clerk at least 30 days before the Borough Council meeting at which the application is to be considered.
c. 
All such applications shall be made on forms to be provided by the Borough.
d. 
The application shall state the names and addresses of all parties interested in and intended to benefit from the contemplated profits of the venture and the amount of percentage thereof shall further state:
1. 
The date or dates and the hours during which the licensed activity shall be conducted.
2. 
A list of all the games, attractions, contests or performances that shall be included in the activity to be conducted, a general description of each and, if not operated by the licensee or his employees, the name and address of the concessionaire or other person operating them.
3. 
A description of the off-street parking and sanitary facilities available at the location at which the activity is to be conducted.
4. 
Appropriate evidence that the licensee has made adequate provision for the payment of workmen's compensation to any of his employees who shall be injured as required by N.J.S.A. 34:17-71.
If the stated beneficiary of any part of the profits is a charitable, patriotic, or religious group, body or corporation of the Borough, its proper officers shall approve the application and verify the statements made in the application in writing.
e. 
The premises at which the licensed activity is to be conducted shall be inspected by the Chief of Police or a public officer designated by him to determine if there is adequate off-street parking available, and that the licensed activity can be conducted without undue interference with vehicular or pedestrian traffic on public streets.
[1982 Code § 4-5.4]
Upon receiving the reports of the results of the investigations, the Borough Clerk shall transmit them, together with the information contained in the application for the license, to the Mayor and Council. The Mayor and Council shall approve or disapprove the application within a reasonable time. Upon the approval of the Mayor and Council, the Clerk shall immediately issue the license. The license shall be valid only on the date or dates and during the hours set forth in the application.
[1982 Code §§ 4-5.5; 17-3.3; Ord. No. 02-00 § 1; Ord. No. 01-01 § 1; Ord. No. 02-02 § 1; Ord. No. 01-03 § 1; Ord. No. 23-03 § 1; Ord. No. 03-05 § 1; Ord. No. 03-06 § 1]
The fee for traveling shows/circus and as set forth in the Borough Schedule of fees as found on file in the office of the Borough Clerk. The total amount of the fee shall accompany the application. If the application is denied, $5 of the tendered fee shall be retained by the Borough as a processing fee for checking the application, the applicant and incidental clerical work.
Any religious, charitable, educational or fraternal organization sponsoring any carnival, circus or traveling show may apply to the Mayor and Council for exemption from the payment of such fee.
[1982 Code § 4-5.6]
Each application shall contain the written consent of the owner of the site where the carnival, circus or traveling show is proposed to be conducted.
[1982 Code § 4-5.7; New; Ord. No. 03-06 § 1]
Each applicant for a license shall deposit with the Borough Clerk at the time of filing the application a cash bond in the amount for traveling shows, circuses and carnivals as set forth in the Borough Schedule of fees on file in the office of the Borough Clerk to guarantee that upon the expiration of the license, the licensed premises and the adjacent public roads and immediate vicinity of the licensed premises shall be broom cleaned within 48 hours after the conclusion of the event. The Borough Clerk shall return the bond to the applicant after he is satisfied that the area has been broom cleaned. In the event the area has not been broom cleaned to the Borough's satisfaction, the bond shall be forfeited, and the applicant shall be subject to the penalties provided in Chapter 1, Section 1-5.
[1982 Code § 4-5.8]
The following shall be prohibited on any licensed premises:
a. 
Gambling. Gambling, betting, wagering, or other violation of law. The duty to keep the licensed premises free from such illegal activities is hereby imposed upon the licensee as a condition of any license to be issued.
b. 
Noise. Loud noise, talk or music to the annoyance of any person.
c. 
Profanity. Profane or indecent talk.
d. 
Unlawful Enterprises. Any business or practice which is in violation of any law of the State of New Jersey or any ordinance of this Borough.
[1982 Code § 4-5.9]
Each licensee shall be responsible for any and all acts of his agents and employees on the licensed premises.
[1982 Code § 4-5.10]
Any violation of any one or more of such rules shall be sufficient grounds for suspension of any license. The Borough shall reserve the right to suspend a license upon reasonable grounds of a probable violation of one or more of such rules by licensee or his agent or employee.
[1982 Code § 4-5.11]
The Chief of Police or his immediate subordinate shall have the right to revoke any license for a violation of any of such rules. The licensee shall be accorded a public hearing on no more than five days' notice after revocation.
[1982 Code § 4-5.12]
The following shall be exempt from the provisions of this section and shall not need a license hereunder:
a. 
Athletic events such as football, baseball, softball, basketball and similar events shall not require a license hereunder.
b. 
Any enterprise managed or controlled by a Borough license operating under regulations issued by the State Division of Alcoholic Beverage Control Commission or Legalized Games of Chance Control Commission shall not require an additional license hereunder.
[1982 Code § 4-6.1]
As used in this section:
JUNKYARD
Shall mean any location, yard, covered or uncovered, or place in the Borough kept, maintained or used for the purpose of buying and selling, exchanging or storing, rags, old metals, old bottles, old vehicles unfit for reconditioning, dismantled old motor vehicles or parts thereof, used motor vehicles or parts thereof, used motor vehicle parts, motor vehicle junk, old glassware, old plumbing fixtures, old lumber, unregistered motor vehicles unfit for reconditioning or any other material commonly called junk.
[1982 Code § 4-6.2]
No person shall operate or maintain or establish a junk yard or engage in the business of keeping a junkyard within the Borough without having first applied for and obtained a license from the Borough Council.
[1982 Code §§ 4-6.3, 17-3.3; Ord. No. 1-98; Ord. No. 4-99 § 1; Ord. No. 02-00 § 1; Ord. No. 01-01 § 1; Ord. No. 02-02 § 1; Ord. No. 01-03 § 1; Ord. No. 23-03 § 1; Ord. No. 03-05 § 1; Ord. No. 03-06 § 1]
The annual license fee for each license shall be as set forth in the Borough Fee Schedule Ordinance on file in the office of the Borough Clerk, and no part thereof shall be prorated.
[1982 Code § 4-6.4; New]
a. 
No license shall be granted for any junkyard that is not operated within the limits of the property described in the application and in compliance with the Zoning Regulations. No junkyard shall be located on a tract of land less than two acres in area nor occupy an area greater than 10 acres.
b. 
Every junkyard shall be enclosed by either a cyclone or other fence approved by the Borough Council, seven feet high, provided with substantial gates secured with locks, and the fence shall be so located as to conform to the building setback lines provided in the current zoning regulations. The property shall be screened from view by means of adequate shrubs or other plantings.
c. 
No junk shall be permitted to accumulate or be placed, stored or deposited in the open, but shall be stored, accumulated or placed only within the area consisting of the junkyard as described in the application and shall be located inside the fence herein required.
[1982 Code § 4-6.5]
No business shall be conducted at any junkyard before 7:00 a.m. or after 9:00 p.m. During the time the junkyard is closed, all doors and other openings affording access thereto shall be securely locked.
[1982 Code § 4-6.6]
Any junk or other waste matter that may be burned in connection with any junkyard shall be burned in accordance with all Federal, State and municipal laws and so that smoke or noxious fumes or odors emanating therefrom may be dissipated without annoyance to the residents in the neighborhood.
[1982 Code § 4-6.7]
a. 
Proper precaution shall be taken to prevent rats, mice or other vermin or insects from being harbored or bred in the junkyard.
b. 
Every person licensed under this section shall at all times maintain the licensed premises in a safe and sightly manner with due regard to the public safety and health.
c. 
All junk, particularly old cars, shall be so placed and arranged that fire lanes at least 20 feet wide are always open affording ingress and egress to all areas of the junkyard for fire-fighting equipment.
[Added 5-20-2020 by Ord. No. 04-20]
The purpose of this section is to properly control mobile retail food establishments in order to prevent and discourage undesirable business practices; to help protect the public from fraud; to permit the activity regulated to a limited degree in consideration of the density of population, size of streets and public rights-of-way; and to promote the health, safety and welfare of the residents of the Borough of Jamesburg.
As used in this section:
MOBILE RETAIL FOOD ESTABLISHMENT
Shall mean any movable restaurant, truck, van, trailer, cart, bicycle or other motor vehicle or movable unit in or on which food or beverage is transported, stored or prepared for retail sale at temporary locations.
MOTOR VEHICLE
As defined under New Jersey motor vehicle laws, shall mean any vehicle propelled or drawn by mechanical or electrical equipment used for transportation of people or goods.
PERSON
Shall mean an individual, partnership, corporation, trust, joint venture, association, society, church, congregation or other organization.
SALE
Shall mean the act of selling, holding out for sale, exchange, transfer, advertising or delivery.
No person shall operate a mobile retail food establishment within the Borough of Jamesburg except in compliance with the provisions of this section. With the exception of Borough authorized special events, it shall be unlawful for any person to conduct a mobile retail food establishment in the Borough unless they have been issued a license pursuant to this section. Licenses shall be issued on a first-come, first-served basis by the Borough. The number of licenses that may be issued and in effect during any twelve-month period shall not exceed three. No person shall be issued more than one license.
Any mobile retail food establishment that is issued a license pursuant to this section shall be assigned a specific location for the operation of its business by the Borough. With the exception of Borough-authorized special events, licensed mobile retail food establishments shall not be permitted to operate at any location(s) within the Borough other than that which is specified as part of its license.
Mobile retail food establishments shall be limited in size to a maximum length of 30 feet.
a. 
Application for a license for a mobile retail food establishment shall be made, in writing, on a form to be provided by the Borough of Jamesburg. It shall require that the applicant and every employee shall provide two photographs, taken within 30 days of the application, of a size approximately 2 1/2 inches by 2 1/2 inches on thin paper having a white or beige background clearly showing a frontal view of the applicant's face and his/her employee's face, one of which is to be attached or posted to the application.
b. 
In addition, such application for license shall require that the applicant provide the following information:
1. 
Name of applicant. If the applicant is an entity other than a natural person, then the name of the primary individual who shall be operating the mobile retail food establishment shall be provided, and the responses set forth below shall relate to said individual.
2. 
Specific address for the past three years.
3. 
Date and place of birth and citizenship.
4. 
Arrests or convictions, within the past 10 years, of any crime or disorderly persons offense, or of any municipal ordinance or regulation.
5. 
Description of all items to be sold.
6. 
Description of trailer, vehicle or other unit to be used; photo, current vehicle insurance, liability insurance and registration for the trailer, vehicle or other unit to be utilized.
c. 
The application shall be accompanied by payment of the license fee specified in Subsection 4-12.7 below.
a. 
The term of each license issued under this section shall be for one year. Licenses may be renewed for successive annual terms during the time period between January 1 and January 31 of each year.
b. 
There shall be an annual fee for each license in the amount of $500, which fee shall not be prorated. The annual fee shall be in addition to all other required fees, including but not limited to the fees associated with a food handler's license, fire inspection and County Health Sanitation.
a. 
Each application for a license shall be made to the Zoning Officer of the Borough of Jamesburg, who shall review the application to confirm that it is complete in all respects, including payment of the required license fee.
b. 
Once the Zoning Officer has determined that an application is complete, then he/she shall forward same to the Police Department for an investigation.
c. 
Upon satisfactory completion of the Police Department investigation, the license shall be issued to the applicant by the Municipal Clerk. If the investigation produces unsatisfactory findings, then the applicant shall be notified of the denial of its application and the reason(s) therefor.
d. 
Any unsuccessful applicant may file an appeal to the Mayor and Council within 10 days following the applicant's receipt of a written notice of denial from the Borough. The Mayor and Council's determination shall be final and binding upon the applicant.
a. 
Each license issued by the Municipal Clerk shall set forth the specific type(s) of food and beverage(s) authorized to be sold, the location for the same, the name of each employee and the expiration date of the license.
b. 
No person shall engage in any activity except that which is permitted under the license and at the location specified therein. Upon granting of the license, each licensee shall be required to prominently display said license on the trailer, vehicle or other unit employed to transact its business.
c. 
No license may be transferred from one person or entity to another.
a. 
The hours of operation associated with each license shall be from 10:00 a.m. to 3:00 p.m. from Mondays through Fridays.
b. 
No licensee shall transact business on Saturday or Sunday.
c. 
No licensee shall transact business from its vehicle unless it is properly parked in the approved location.
d. 
No licensee shall park a vehicle overnight at the approved location.
e. 
No licensee shall operate at any location other than the specific location specified as part of its license.
f. 
The service window associated with all mobile retail food establishments shall face the grass (curbline) on West Railroad Avenue.
g. 
All mobile retail food establishments shall be responsible for all garbage created by their establishment and for removal of said garbage on a daily basis.
h. 
There shall be no additional signage permitted, with the exception of vehicle markings.
i. 
All mobile retail food establishments must comply with all federal, state, county and local laws, as well as all zoning laws.
j. 
The above regulations may be relaxed by the Borough in connection with Borough-authorized special events.
All mobile retail food establishments must, in addition to obtaining a license, be licensed by the Middlesex County Board of Health. Such Board of Health certification must be displayed to the public and renewed annually.
Each licensee may reapply to the Zoning Officer for a new license for the successive year, between January 1 and January 31 of the following year. The applicant must recertify the information contained in its initial application and/or complete a new application in order to provide new information. After January 31, where an applicant fails to reapply, licenses will become available on a first-come, first-served basis to others.
Any person, firm, corporation, partnership or other entity violating any provisions of this section or any regulations promulgated by the Borough of Jamesburg pursuant hereto shall be subject to the penalties set forth in § 1-5 of the Borough Code. Each and every violation and nonconformance with this chapter on each day that any provision of this section shall have been violated shall be construed as a separate offense.
Editor's Note: Prior ordinance history includes portions of 1982 Code §§ 4-7.1 — 4-7.5 and Ordinance Nos. 2-98, 4-99, 02-00, 01-01, 02-02, 01-03, 23-03, 03-05 and 03-06.
[Ord. No. 09-08]
There shall be no Taxicab licenses issued by the Borough of Jamesburg.
[Ord. No. 05-91 § 1]
No person shall keep, hire or use for hire or pay, or cause to be kept or used for hire or pay, any motor vehicle or limousine utilizing the Borough as a place of business or place of garaging as expressed in N.J.S.A. 48:16-13 et seq. without having first obtained a license for that purpose from the Borough Clerk for such limousine or livery, which license shall be known as "limousine license." Such license shall be for a term of one year and shall be renewable annually and shall be nontransferable.
[Ord. No. 05-91 § 2; Ord. No. 4-92; Ord. No. 1-94; Ord. No. 8-94; Ord. No. 1-95; Ord. No. 4-96; Ord. No. 2-98; Ord. No. 4-99 § 1; Ord. No. 02-00 § 1; Ord. No. 01-01 § 1; Ord. No. 02-02 § 1; Ord. No. 01-03 § 1; Ord. No. 23-03 § 1; Ord. No. 03-05 § 1; Ord. No. 03-06 § 1; Ord. No. 09-08 § 2]
a. 
The fee for the issuance of such license shall be as set forth in the Borough Schedule of Fees Ordinance on file in the office of the Borough Clerk for each limousine or automobile license. Each such vehicle used as a limousine shall be licensed separately.
b. 
The Borough Zoning Officer is required to inspect the place of business to verify parking area before signing off on the limousine license. The Borough Clerk shall issue such license after the satisfactory compliance by the applicant with the provisions of N.J.S.A. 48:16-13 through 22, the payment of the aforesaid fee, the submission of a current certificate of insurance and a signed statement from the Borough Zoning Officer certifying that the limousine service is not operating in a residential zone.
[Ord. No. 05-91 § 3]
a. 
There shall be a separate license issued for each limousine to be licensed. The license shall be in writing, numbered, in triplicate, signed by the Borough Clerk on a form provided by the municipality and shall contain the following information:
1. 
Name, business address, and business telephone number of the owner;
2. 
Number of the license, make, model, year, serial number and license plate of the vehicle;
3. 
The name of the company supplying insurance coverage and policy number;
4. 
The name, address, and telephone number of the insurance agent.
[Ord. No. 05-91 § 4]
Licenses for limousine and liveries or any renewal thereof shall be issued by the Borough Clerk and no approval of the Borough Council shall be required.
[Ord. No. 05-91 § 5]
One copy of the limousine license when issued shall be retained by the Borough Clerk. The applicants shall receive an original and one copy. The original shall be kept in the limousine at all times.
[Ord. No. 05-91 § 6; New]
Any person found to be in violation of any of the provisions of this section shall upon conviction in Municipal Court, in addition to the penalties provided by N.J.S.A. 48:16-22, be liable to the penalty stated in Chapter 1, Section 1-5 with a minimum penalty of $50.
[Ord. No. 15-91]
Newspaper vending machines, hereinafter referred to as "newsracks" may be maintained in the Borough, subject to the following:
a. 
No person shall install, use or maintain, any newsrack which projects onto, into, or over any part of the roadway of any public street or which rests wholly or in part upon any portion of a roadway.
b. 
No person shall install, use or maintain any newsrack which in whole or part rests upon, in, or over any sidewalk when such installation, use, or maintenance endangers the safety of persons or property.
[Ord. No. 15-91]
Any newsrack which in whole or part rests upon, in or over any sidewalk shall comply with the following standards:
a. 
No newsracks shall exceed five feet in height, 30 inches in width, or two feet in depth.
b. 
Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall. Newsracks placed near the curb shall be placed no less than six inches from the edge of the curb.
c. 
Newsracks may be chained or otherwise attached to one another; however, no more than three newsracks may be joined together in this manner, and a space of no less than 18 inches shall separate each group of three newsracks so attached.
d. 
No newsrack, or group of attached newsracks allowed under paragraph c., above, shall weigh, in the aggregate, in excess of 125 pounds when empty.
e. 
No newsrack shall be placed, installed, used or maintained:
1. 
Within three feet of any marked crosswalk;
2. 
Within 15 feet of the curb return of any unmarked crosswalk;
3. 
Within three feet of any fire hydrant, fire call box, police call box, or other emergency facility;
4. 
Within three feet of any driveway;
5. 
Within 10 feet to the rear of any sign or other demarcation marking the beginning of a designated bus stop;
6. 
Within three feet of any bus bench, except where such bench is within a bus shelter, in which event this restriction shall not apply provided that the newsrack is not placed within such bus shelter;
7. 
Within three feet of any display window of any building abutting the sidewalk or parkway, or in such manner as to impede or interfere with the reasonable use of such window for display purposes.
[Ord. No. 15-91]
No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale, or purchase of the paper or news periodicals sold therein.
[Ord. No. 15-91]
Each newsrack shall be maintained in a clean, neat condition and in good repair at all times.
[Ord. No. 15-91]
Every person who places or maintains a newsrack on the streets of the Borough of Jamesburg, shall have his name, address, and telephone number affixed thereto in such a way where the information may be easily seen.
[Ord. No. 15-91; Ord. No. 1-95; Ord. No. 4-96; Ord. No. 2-98; Ord. No. 4-99; Ord. No. 02-00 § 1; Ord. No. 01-01 § 1; Ord. No. 02-02 § 1]
Any person owning a newsrack in the Borough shall, within 15 days after beginning the maintenance, register his name, address, phone number, and location of the newsracks maintained in the Borough and shall pay an annual fee as set forth in the Borough Fee Schedule Ordinance on file in the office of the Borough Clerk to defray the cost to the Borough for registration and inspection of the racks. For every subsequent year, the owner shall pay an annual fee as aforesaid by the 10th day of January of that year. The owner shall at all times promptly notify the Borough Clerk of any changes in the registration information.
[Ord. No. 15-91]
Any newsrack maintained in the Borough which creates a hazard to pedestrians or obstructs traffic or interferes with the response to an emergency situation by a public officer, fire fighter, ambulance corps or medic, may be summarily relocated by the public officer of the Borough, to the nearest location not presenting the hazard. Any such relocation shall be reported as soon as reasonably possible to the Borough Clerk, who shall thereafter notify the registered owner of the newsrack as soon as possible of the new location. The owner may thereafter relocate the newsrack to any location not presenting a hazard and otherwise comply with the terms of this section.
[Ord. No. 15-91]
a. 
If any newspaper distribution box is determined to violate any of the provisions of this section, then a notice of violation shall be sent to the person designated to receive notices in the registration form.
b. 
The notice shall state the specific provisions of this section which have not been adhered to and notify the owner that the box must either be removed or brought into compliance with the specified provisions of this section within seven business days. If the owner elects to cure the specified violation or violations within the time period, then the owner shall take all necessary curative actions prior to the expiration of the time period.
[Ord. No. 15-91]
Upon request, the official issuing a notice of violation shall meet with the recipient of such notice to discuss the basis for the determination that a violation exists and any proposed means of eliminating any violations. A request for such a meeting shall not toll the time for correcting or eliminating any violation, unless the official is unavailable for a meeting at any reasonable time within three business days following the receipt of a request. Following any such meeting, the official issuing the notice of violation may rescind the notice if he determines that there was no violation. The official may also grant an extension of up to one week for the correction of any violation upon request and a showing of good cause.
[Ord. No. 15-91; New]
Any person who violates any of the provisions of this section after having been served with a notice of violation and having failed to correct or eliminate the violation shall be subject, upon conviction, to the fine stated in Chapter 1, Section 1-5, with a minimum penalty of $50. Each violation of a separate section of this section and each violation by a different newspaper distribution box shall constitute separate offenses.