[Adopted by Ord. No. 2001-11 (Sec. 2-60B of the 1974 Code)]
The Borough of Bradley Beach hereby enacts the Tourist Development Commission Ordinance and authorizes the Borough to impose the additional assessment described in § 24-21 to any fee imposed upon a license by the Borough, pursuant to N.J.S.A. 40:52-7. This article shall be enacted to establish a Tourist Development Commission to regulate the fund described in § 24-19.
A.
In order for the Borough to implement the provisions of this article, a Tourist Development Commission shall be established pursuant to N.J.S.A. 40:54C-1, and it shall be known as the "Bradley Beach Tourist Development Commission." The Commission shall constitute an agency and instrumentality of the Borough, and it shall consist of five members who shall be appointed by the Mayor with the advice and consent of the Borough Council. One Commission member shall be a member of the municipal body and shall be responsible for advising the governing body of the Commission's work. The other four Commission members shall consist of licensees upon whom the Borough shall impose the additional assessment described in § 24-21. In the event that the Borough issues a license in the name of a corporation or partnership, the governing body shall be permitted to appoint, by resolution, a representative of the corporation or partnership.
B.
The Commission member representing the Borough shall
serve at the governing body's pleasure. The terms of office of the
other four Commission members shall be for two years, except those
Commission members initially appointed, of whom two shall be appointed
for terms of one year and the other two Commission members shall be
appointed for terms of two years.
C.
In the event that the Commission has a vacancy, for
a reason other than by expiration of a Commission member's term, the
governing body shall appoint another Commission member for the unexpired
term.
D.
The Commission members shall serve without compensation
in performance of their responsibilities.
E.
The governing body shall determine whether disbursements from the fund described in § 24-19 for the stated purpose provided in § 24-20. In the event that the governing body determines that the disbursements were not made pursuant to § 24-20, it may remove any or all members of the Commission by resolution providing the reasons for removal.
F.
The Commission shall be considered a contracting unit
pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.,
and subject to its provisions. The provisions of the Local Public
Contracts Law to the contrary notwithstanding, the purchase of or
the contracting for advertisements in periodicals, on the radio, television
or cable television, by the Commission shall be exempt from public
bidding, provided that, in awarding a contract for such advertisements,
the Commission shall in each instance:
(1)
Provide in the resolution awarding the contract the
supporting reasons for its action;
(2)
Publish, in a newspaper authorized by the Commission
to publish the legal advertisements, a brief notice stating the nature,
duration, service and amount of the contract; and
(3)
Maintain and make available for public inspection
a copy of the resolution and contract.
G.
The Commission shall be considered a public body for
the purpose of complying with the Open Public Meetings Act, N.J.S.A.
10:4-6 et seq., and it is subject to the provisions thereof.
H.
The Commission shall be considered local government
officers for the purpose of complying with the Local Government Ethics
Law, N.J.S.A. 40A:9-22.1 et seq., and it is subject to the provisions
thereof.
A.
The Commission shall, within 15 days after its appointment,
organize and hold its first meeting, fix its hours and place of meeting,
and adopt the rules for the conduct of its business as it may deem
appropriate.
B.
A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
C.
The Commission shall designate a location and person
for the public to contact to enable information to be obtained or
to inspect the Commission's records during regular business hours.
A.
Pursuant to N.J.S.A. 40:52-8, the Borough shall create a fund to be held by the Commission. The fund shall be the exclusive repository of all revenues collected by the Borough as described in § 24-21.
B.
The fund shall be audited by the Borough as part of the annual audit of its books, accounts, and financial transactions made in accordance with N.J.S.A. 40A:5-4. The revenues from the fund shall be disbursed in accordance with and for the purpose described in § 24-20.
C.
Any revenues received by the Borough on behalf of
the Commission shall be treated as dedicated revenue pursuant to N.J.S.A.
40A:4-39.
D.
The Chief Financial Officer of the Borough shall serve
as the custodian of the fund and shall maintain the necessary financial
records required by the Director of the Division of Local Government
Services in the Department of Community Affairs pursuant of N.J.S.A.
52:27BB-8.
The Commission shall have exclusive authority to disburse all revenues allocated to the fund described in § 24-19. The Commission shall expend the revenues in the fund in the manner it deems advisable for the purpose of publicizing and otherwise promoting the Borough in order to attract tourism, pursuant to N.J.S.A. 40:54C-3.
A.
The total amount of the additional assessment imposed
on any one license shall not exceed $75.
[Amended 2-8-2005 by Ord. No. 2005-2]
B.
The Commission shall impose the additional assessment
upon licensing fees of any individual who obtained a license for:
(1)
Selling goods or services;
(2)
Soliciting business or offering goods or services
for sale or for hire;
(3)
Using any vehicle, machine, or device on any premises
in the Borough for business purposes, including party or charter boats;
and
(4)
Using or permitting the use of any premises in the
Borough as a hotel, boardinghouse, rooming house, lodging house, or
for rents, lets, or leases, for a period of 150 days or less, any
furnished or unfurnished housing or living unit for temporary, seasonal,
or yearly residential purposes. This will not apply to rear cottages
of a bed-and-breakfast.
[Amended 4-26-2016 by Ord. No. 2016-15]
C.
The Commission shall impose the additional assessment upon the issuance of all certificates of occupancy, both commercial and residential, as required by the Uniform Construction Code Enforcing Agency Ordinance codified as Chapter 160, Construction Codes, Uniform; Certificates of Occupancy.
E.
Exceptions: If an owner applies for both a certificate
of occupancy and a mercantile license, only one fee will be charged
for Tourism.
[Added 1-24-2006 by Ord. No. 2006-2]
The Commission shall maintain records of its meetings, activities, and expenditures. The governing body, at any time, may request the Commission to provide a report based on its records. However, the Commission shall provide the governing body with a report on an annual basis. In the event that the governing body determines that disbursements were not in accord with the purpose described in § 24-20, the governing body shall take the appropriate action as described in § 24-17E.
The Commission may act jointly with any other commission created under N.J.S.A. 40:54C-1 in any other municipality in furtherance of the purpose described in § 24-20.
In the event that the governing body enacted
this article in furtherance of the ten-year Master Plan for the growth
of tourism pursuant to the Division of Travel and Tourism Act under
N.J.S.A. 34:1A-52, the Commission may:
A.
Apply for, receive, and accept from the United States, from the state, or any other public or private source, contributions or donations of money, property, labor or other things of value, to be held, used and applied for, or, in aid of, the Commission's authorized purposes as described in § 24-20;
B.
Make grants of money, property, or personal services
to any person, business, or organization engaged in the tourist industry
upon the terms and conditions the Commission may prescribe; and
C.
Enter into any and all agreements or contracts, execute
any and all instruments, and do and perform any and all acts necessary
or convenient for the purpose of the Commission to carry out any power,
function, or duty exercised thereby.
The Commission shall prepare an annual report concerning and addressing its activities and records, as provided under § 24-22, to the Mayor and Council.
The Commission shall, by resolution, create
an Advisory Council which shall fairly represent each category of
individuals, corporations, or partnerships paying the assessment fee.
The Advisory Council may make recommendations to the Commission. Any
recommendation made by the Advisory Council shall not have a binding
effect upon the Commission.
[Amended by Ord. No. 2002-14]
The following business and commercial activities shall be required to pay the additional assessments as required in § 24-21:
A.
Licenses as required by the Mercantile Licensing Ordinance at § 303-7:
[Amended 2-8-2005 by Ord. No. 2005-2]
(1)
Air-conditioning contractor: $75.
(2)
Aluminum siding contractor: $75.
(3)
Antiques store: $75.
(4)
Automobile or motor repair: $75.
(5)
Automotive parts shop: $75.
(6)
Bait and tackle shop: $75.
(7)
Bakery: $75.
(8)
Bowling alley: $75.
(9)
Butcher shop: $75.
(10)
Car wash/wax: $75.
(11)
Circus: $75.
(12)
Clothing shop: $75.
(13)
Consignment shop: $75.
(14)
Contractor, general: $75.
(15)
Contractor, painting: $75.
(16)
Contractor, plumbing: $75.
(17)
Contractor, roofing: $75.
(18)
Dairy stores: $75.
(19)
Dental laboratory: $75.
(20)
Diner: $75.
(21)
Drugstore: $75.
(22)
Dry cleaner: $75.
(23)
Electronic sales, wholesale: $75.
(24)
Fish market: $75.
(25)
Fuel oil dealer: $75.
(26)
Furniture, new, used: $75.
(27)
Grocery store, retail: $75.
(28)
Grocery, wholesale: $75.
(29)
Handbag luggage repair: $75.
(30)
Hardware store: $75.
(31)
Heating supplies, wholesale, retail: $75.
(32)
Hotels, boardinghouses, lodging houses, motels, rooming
houses and houses used for sleeping purposes or lodging purposes,
five to 100 rooms: $75.
(33)
Ice cream store: $75.
(34)
Jewelry store: $75.
(35)
Laundromat: $75.
(36)
Luncheonette: $75.
(37)
Machine shop: $75.
(38)
Pet shop: $75.
(39)
Printer: $75.
(40)
Radio-TV sales and service: $75.
(41)
Restaurant: $75.
(42)
Restaurant equipment: $75.
(43)
Service station: $75.
(44)
Shoe repair shop: $75.
(45)
Sign builder: $75.
(46)
Stationery store: $75.
(48)
Theater: $75.
(49)
Tires, repair/distributor: $75.
(50)
Tools: $75.
(51)
Truck sales/service: $75.
(52)
Upholstery: $75.
(53)
Variety store: $75.
(54)
Vending machine distributor: $75.
(55)
Warehouse: $75.
