[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette. Amendments noted where applicable.]
Business establishments may be open for business daily from 5:00 a.m. until 2:00 a.m. of the following day. Business establishments shall remain closed for business daily from 2:00 a.m. until 5:00 a.m., except for on the first day of January, when sales may be extended throughout the day.
Nothing herein shall be construed to prevent any hotel, motel, bed and breakfast or rooming house from accepting guests for sleeping accommodations in accordance with existing laws, regardless of the hour of the day or night.
A business registration certificate is required for any person operating or engaging in any business located in the municipality.
The following words and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- Any person offering and/or engaged in buying, selling, storing and/or transferring merchandise, goods, real property, personal property, moneys, services and/or other items who do so for a fee, price, retainer, commission, percentage and/or other means of compensation for the purpose, stated or otherwise, of realizing a profit or other gain.
- BUSINESS REGISTRATION FORM
- The business registration form to be filed with the Municipal Clerk.
- The business registration certificate.
- Any individual, partnership, limited partnership, association, firm, limited liability company, corporation or similar entity. Whenever used in any clause prescribing or imposing a penalty, the term “person,” as applied to associations, shall mean the partners or members thereof and, as applied to limited liability companies or corporations, the officers thereof.
Any person conducting, operating or engaging in any business within the Borough of Lavallette shall file a completed business registration form with the Municipal Clerk and shall pay the required fee.
The business registration form shall contain the following information for each person applying for a certificate:
The name of the registrant.
The nature of the principal activity of the business.
The business address of the registrant.
The home address of the registrant or the designated contact person for the registrant.
The business telephone number of the registrant
The home telephone number of the registrant or the designated contact person for the registrant.
The anticipated hours and days of the business operation.
The trade name or other business identification titles used by the registrant.
A floor plan diagram.
The registrant shall attach a diagram depicting a floor plan of any business location within the municipality. The plan shall identify the area of the building area accessible to the general public, the area of the building limited to access by employees only and areas of the building to be utilized only for storage or related purposes. The plan shall also identify the location of doors or similar devices which provide means of ingress/egress to the facility. In the case of a business involved in food sales or service, the plan shall identify the maximum number of tables and seats to be utilized to service the general public.
Each floor plan shall be scaled or contain sufficient information to properly identify the dimensions of the area or rooms depicted on the diagram.
Owner of the property.
The fee for obtaining a business registration certificate is twenty-five ($25). No fee shall be imposed for business activities conducted by nonprofit organizations or associations organized for religious, charitable, political or educational purposes.
The Municipal Clerk shall issue a business registration certificate to any person who files a completed business registration form pays the required fee.
A copy of the completed registration form shall be returned to the registrant with an acknowledgment by the Municipal Clerk that it has been properly filed.
In the event that two or more businesses occupy the same location, the person conducting, operating or engaging in each business shall be required to complete a separate business registration form and obtain a separate certificate.
In the event that the same person conducts business at two or more locations, a separate business registration form and certificate shall be required for each location.
Every person having a certificate for a business which ceases to operate, changes the principal activity in which it is engaged, changes its location and/or locations in the municipality, moves out of the municipality or changes owners must submit written notice to the Municipal Clerk within 30 days of such change
The Certificate issued pursuant to the provisions of this chapter shall apply to all business owners as a one-time filing requirement only. Reregistration shall be required only in the event of a change in ownership or a change in the type of business conducted.
The fee described herein shall be required one time only, at the time of original registration. Unless and until a change in ownership occurs, no additional fees shall be assessed pursuant to this chapter. There shall be no additional fee for a change in business conducted, unless the change in business is accompanied by a change in owner.
The following persons shall be exempt from the provisions of this chapter:
Agencies of the government of the United States or of the State of New Jersey.
Persons conducting or participating in temporary activities such as art shows, rummage sales or similar events.
Persons rendering delivery services to residential or business properties, if such person does not maintain a business physically located within the municipality.
Utility companies whose activities or rates are regulated by the State of New Jersey.
Issuance of a business registration certificate by the Borough does not evidence compliance with other applicable rules, regulations, ordinances and statutes of the Borough, county and State of New Jersey, or other regulatory agencies having jurisdiction over the activities of the certificate holder.
Any person, firm or corporation that shall be convicted of a violation of a provision of this chapter shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be subject to a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days, or both, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.