A. 
Each applicant for a taxicab operator's permit under the terms of this chapter shall conform to the following regulations. The applicant shall:
(1) 
Be at least 18 years of age and possess a valid State of New Jersey driver's license and be a bona fide resident of the State of New Jersey for at least one year.
(2) 
Present the certificate of a duly licensed and qualified physician certifying that he/she has been examined within the past 30 days and that he/she is of sound physical condition for the safe operation of a taxicab.
(3) 
Be a citizen or a legal resident alien of the United States.
(4) 
Have not been convicted of a crime and has not violated any provision of this chapter. A person shall be disqualified from operating a taxicab if a criminal history record background check reveals a conviction of any of the following crimes:
(a) 
In New Jersey or anywhere else: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault of endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with or having in his possession any weapon enumerated in Subsection r. of N.J.S.A. 2C:39-1, a crime pursuant to the provisions of N.J.S.A. 2C:39-3, N.J.S.A. 2C:39-4, or N.J.S.A. 2C:39-9, or other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.A. 2C:35-2.
(b) 
In any other state, territory, commonwealth, or other jurisdiction of the United States or any country in the world.
(5) 
Not use narcotics or alcoholic beverages while working. To that end, the Township Council shall require the applicant to submit to drug screening at the applicant's expense at a facility approved by the Township prior to the initial issuance of a taxicab operator's permit. The Township reserves the right to require a licensee to submit to drug and alcohol screening at the applicant's expense upon renewal of a taxicab operator's permit pursuant to the appropriate federal or state laws.
(6) 
Produce affidavits of his/her good character from at least two reputable citizens who have known him/her personally for at least two years.
(7) 
Fill out, upon a form provided by the Municipal Clerk, his/her full name, residence, places of residence for the preceding five years, place of birth, previous employment, whether he/she has ever been convicted of a crime, including traffic violations or a violation of this chapter and whether his/her driver's license has ever been revoked and for what cause, which statement shall be signed and sworn to by the applicant and filed with the Municipal Clerk.
B. 
He/she shall also furnish four copies of passport-size photographs, front view. The driver shall not be required to display his/her residence or other personal information to the public other than that information required by § 421-7.
C. 
The applicant shall also indicate in the application form any conviction for violations of any of the provisions of the motor vehicle laws of the State of New Jersey, as well as any convictions for motor vehicle violations from any state or territory of the United States of America, for a period of five years antedating the date of the application.
D. 
The applicant, every two years, shall be fingerprinted and cleared, at his own expense, and the print shall be placed on file with the Brick Police Department.
E. 
The applicant shall indicate on the application form any criminal conviction.
The taxicab operator's permit fee for each driver of a taxicab shall be $25 per year. The licensing period shall extend from October 1 to September 30 of the following year. The fee imposed herein shall be to defray the cost of administering, regulating and enforcing this chapter and to defray the cost of the inspections required pursuant to the terms of this chapter.
A. 
Issuance of taxicab operator's permit. Upon satisfactory fulfillment of the foregoing requirements, the Municipal Clerk shall issue to the applicant a taxicab operator's permit which shall contain the photograph and permit number of the operator.
B. 
Display of taxicab operator's permit. The information referred to in Subsection A herein shall be mounted in a protective holder or bracket sufficient to prevent the permit from being defaced, and shall be clearly visible on the dashboard so as to have the information thereon visible to any passenger(s) in the rear seat.
If at any time within the licensed year a taxicab driver has been convicted of a crime or traffic violation, he shall immediately notify the Municipal Clerk of the conviction, the jurisdiction of the conviction, the offense for which he was convicted, and the circumstances thereof. It shall be in the discretion of the Township Council to revoke his operator's permit.
Every licensed taxicab operator, while operating a licensed vehicle for the transportation of passengers for hire in the Township, shall be properly attired in a clean shirt shall be clean-shaven or possess a neatly trimmed beard or moustache. It shall be unlawful for the operator to wear an undershirt as an outer garment while so employed.
[Amended 10-21-2014 by Ord. No. 32-14]
The owner of any taxicab business license in the Township of Brick shall be responsible to ensure that any and all drivers under his employ properly comply with all requirements set forth in this ordinance. The license owner's failure to verify his employees' proper compliance with all requirements set forth in this ordinance shall subject the license owner to all of the fines and penalties to which operators of taxicabs are subject and to be charged separately and in conformance with the penalties enumerated under this section.
A. 
The owner of a taxicab business license or the taxicab operator who is found guilty after a hearing in Brick Township Municipal Court of a violation of any of the following shall be subject to the following fines:
(1) 
Operation of a taxicab without a valid taxicab license.
(a) 
First offense: $1,000.
(b) 
Second offense: $1,500.
(c) 
Third offense: $2,000.
(d) 
Fourth offense: revocation of business license.
(2) 
Operation of a taxicab without a valid taxicab operator's permit:
(a) 
First offense.
[1] 
Taxicab operator's first offense: $1,000.
[2] 
Taxicab business license owner's first offense: $2,000.
(b) 
Second offense.
[1] 
Taxicab operator's second offense: $1,500.
[2] 
Taxicab business license owner's second offense: $3,000.
(c) 
Third offense.
[1] 
Taxicab operator's third offense: $2,000.
[2] 
Taxicab business license owner's third offense: $4,000.
(d) 
Fourth offense: revocation of business license.
(3) 
Charge passenger in excess of permitted fare: not less than $100 nor more than $200.
(4) 
Failure to display taxicab operator's permit in vehicle pursuant to §§ 421-7 and 421-23B: not less than $100 nor more than $200.
(5) 
Filing false information on taxicab operator's permit application required by this chapter: not less than $500 nor more than $1,000. In addition to any fine imposed, the court shall have the discretion to suspend the offender's taxicab operator's permit for up to one year in addition to the penalty prescribed in § 421-24.
(6) 
Violation of § 421-18: not less than $100 nor more than $200.
(7) 
Failure to display rates: not less than $100 nor more than $200.
(8) 
Violation of any other section of this chapter for which no specific penalty is listed: not less than $100 nor more than $200.
B. 
Summons and complaint. A summons and complaint citing a violation of this chapter returnable in Brick Township Municipal Court shall be served personally or by mail to the last known address of the person charged with a violation of this chapter.
C. 
Waiver of Municipal Court hearing. Any person, partnership or corporation charged with a violation of any section of this chapter may waive the Court hearing hereon by pleading guilty to the violation and making payment to the Court Clerk of the maximum fine for the violation; provided, however, that a Court appearance shall be required for any person, partnership or corporation charged with a violation of § 421-23, Issuance of taxicab operator's permit; display. Upon satisfactory fulfillment of the foregoing requirements, the Municipal Clerk, after the approval of the Township Council, shall issue to the applicant a taxicab operator's permit which shall contain the photograph and permit number of the operator.
D. 
Separate liability. Owners and operators of taxicabs shall be separately charged with allegations of violations of any portion of this chapter. No conviction of an operator of a taxicab shall result in an automatic conviction of the owner of the taxicab for a violation of any portion of this chapter. Similarly, no conviction of an owner of a taxicab shall result in an automatic conviction of the operator of the taxicab for a violation of any portion of this chapter.
[Added 10-21-2014 by Ord. No. 32-14]
A. 
Taxicab business licenses or taxicab operator's permits issued under the provisions of this chapter may be suspended or revoked by the Township Council if the owner of a license or the holder of a permit has:
(1) 
Violated any of the provisions of this chapter;
(2) 
Discontinued operation for more than 30 days; or
(3) 
Violated any ordinances of the Township of Brick, or the laws of the United States or the State of New Jersey, the violation of which reflects unfavorably on the fitness of the owner of the license or the holder of the permit to offer public transportation.
B. 
Prior to suspension or revocation, the owner of a taxicab business license or the holder of a taxicab operator's permit shall be given written notice of the proposed action to be taken, the charges against him or her and, thereupon, the license owner or the holder of a permit shall be given a hearing.