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.
As used in this chapter, the following words and terms shall have the following meanings:
BUSINESS
As used in both the singular and plural, is meant to include all kinds of vocations, occupations, professions, enterprises, establishments, and all other kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit or benefit, either directly or indirectly, on any premises in the Borough of Point Pleasant Beach, as set forth in the provisions of N.J.S.A. 40:48-1, 40:48-2, 40:52-1 and 40:52-2, and any amendments or supplements thereto.
CANVASSER
Any person, whether traveling by foot, wagon, automobile, motor truck, or any other type of conveyance, from place to place, from house to house, or street to street, taking or attempting to take orders for sales of goods, wares, merchandise or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the subject of such sale, or whether or not such person is collecting advance payments on such sales. "Canvasser" shall further include any person who hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, ship or any other place within the Borough of Point Pleasant Beach for the sole purpose of exhibiting samples and taking orders for future delivery.
CIGARETTE VENDING MACHINE
Any automatic vending machine used for the sale of cigarettes, cigars, tobacco and/or matches and controlled by the insertion of a coin or coins.
FIRE SALE
A sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other means.
GOING-OUT-OF-BUSINESS SALE
A sale held in such a manner as to reasonably cause the public to believe that, upon the disposal of the stock and goods on hand, the business will cease and be discontinued, including, but not limited to, the following sales: adjuster's, adjustments, alterations, assignee's, bankrupts, benefit of administrator's, benefit of creditor's, benefit of trustee, building coming down, closing, creditor's committee, creditor's, end, executor's, final days, forced out, forced out of business, insolvent, last days, lease expires, liquidation, loss of lease, mortgage sales, receiver's, trustee's, quitting business. A sale by a trustee, receiver or any court officer under execution from or order by any court shall not be considered a "going-out-of-business sale" and shall not require any mercantile license or payment of any fee as provided hereinafter for the conduct of such a sale.
COMMERCIAL HANDBILL
shall mean and include any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature which advertises for sale any merchandise, product, commodity or things; or which directs attention to any businesses or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interests thereof by sale; or which directs attention to or advertises any show, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit; or which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for private benefit and gain of any person so engaged as advertiser or distributor.
NONCOMMERCIAL HANDBILL
shall mean and include any printed matter or written matter, any sample or device, dodger, circular, leaflet, pamphlet, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any letter or literature not included in the definition of a commercial handbill.
The aforegoing definitions of "commercial handbill" and "noncommercial handbill" shall not include any newspaper of general circulation as defined by the laws of the State of New Jersey, or any religious handbook, magazine, periodical or newspaper.
HANDBILL DISTRIBUTOR
shall mean and include any person engaged in distributing commercial or noncommercial handbills, other than newspapers distributed to subscribers thereof, for himself or any other person, upon any of the public and private streets, places and premises, other than his own premises, in the Borough of Point Pleasant Beach. This shall not include the sale of newspapers, regularly published, through newsboys, newsmen or from news stores in the Borough of Point Pleasant Beach.
HAWKER
shall have the same meaning as "peddler" in this section.
HUCKSTER
shall have the same meaning as "peddler" in this section.
INSIGNIA
shall mean any tag, plate, badge, emblem, sticker, or any other kind of device which may be required for any use in connection with any license.
ITINERANT MERCHANT
shall mean any person, whether as owner, agent, servant, employee or consignee, who is engaged in a temporary business of selling and delivering goods, wares and merchandise within the Borough of Point Pleasant Beach, and who, in furtherance of such purposes, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar or boat, public rooms in hotels, motels, lodging houses, apartments or shops, or any street, alley or other public place within the Borough for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction.
ITINERANT VENDOR
shall have the same meaning as "itinerant merchant" in this section.
JUKE BOX
shall mean any music vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening, or by the payment of any price, operates or may be operated for the emission of songs, patter, music or similar amusement.
MECHANICAL AMUSEMENT DEVICE
shall mean any machine, operated mechanically, electrically or otherwise, which upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, pinball machines, skill ball, mechanical grab machines and all games, operations or transactions similar thereto under whatever name they may be designated.
OTHER ALTERED GOODS SALE
shall have the same meaning as "fire sale" in this section.
PEDDLER
shall mean any person, traveling by foot, wagon, automotive vehicle, or any other type of conveyance from place-to-place, house-to-house, or street-to-street, carrying, conveying or transporting goods, wares, food, liquids, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who without traveling from place-to-place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance, or a person who solicits orders and, as a separate transaction, makes deliveries to purchasers as part of a scheme or design to evade the provisions of this chapter.
PREMISES
is meant to include all land, structures and places, and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to or is otherwise used in connection with any such business conducted on such premises.
REMOVAL OF BUSINESS SALE
is a sale held out in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock and goods on hand and then move to and resume business at a new location within the Borough of Point Pleasant Beach or will then continue business from other existing, locations in the P Borough.
SOLICITOR
shall have the same meaning as "canvasser" in this section.
TRANSIENT MERCHANT
shall have the same meaning as "itinerant merchant" in this section.
VENDING MACHINE
shall include any machine or device whether automatic or not, controlled by the insertion of a coin or coins, for the vending or service of food, liquids, confections, goods, wares, merchandise or articles of any type, kind or description.
It shall be unlawful for any person, either directly or indirectly, to conduct any business as defined in this chapter, or any sale as defined in this chapter, or to operate or conduct a business as a transient merchant, itinerant merchant, itinerant vendor, peddler, canvasser, solicitor, or handbill distributor, as defined in this chapter, or operate or put to use any cigarette vending machine, juke box, vending machines or mechanical amusement device, or to use in connection with the foregoing any vehicle, premises, machine or device, in whole or in part, unless a license or a permit therefor is first procured and kept in effect at all such times as required by this chapter or any other law or ordinance of the Borough of Point Pleasant Beach.
Except for the area of the Borough delineated in Chapter 8, § 8-1 of these Revised Ordinances, no person shall be issued a license to permit the operation of more than two mechanical amusement games, as herein defined, and including video games, for anyone licensed mercantile establishment. No license shall be issued to any person for said games if the licensed mercantile establishment is within 500 feet of any church or public or parochial school. However, the mayor and council shall review and consider applications for a variance from the distance restrictions when an applicant within same shall request it. A public hearing shall be held by mayor and council on notice provided by the applicant to all persons within 500 feet of the premises for which the license is proposed. The mayor and council shall determine if the enforcement of this distance restriction would not serve a substantial public purpose and the issuance of a license would not be detrimental to or inconsistent with the proper conduct of the church or school activities within the prohibited distance. 0
For the purposes of this chapter, any person shall be deemed engaging in business and subject to the provisions of this chapter when he does one act of
a. 
Selling any goods or services; or
b. 
Soliciting business or offering goods or services for sale or hire; or
c. 
Acquiring or using any vehicle, machine or device, or any premises in the Borough of Point Pleasant Beach for business purposes.
The agents, servants, employees or other representatives of corporations, partnerships, resident or nonresident, individuals, natural persons, joint ventures, societies, associations, clubs, trustees, trusts or unincorporated groups, shall be personally responsible for the compliance with this chapter by their principals and by the businesses they represent.
a. 
No person shall be granted a license for a fire sale or a going-out-of-business sale, or other altered goods sale, or a removal of business sale, all of which sales are defined in this chapter, unless:
1. 
He has been the owner of a business as described in the application for a license hereunder for a period of at least six months prior to the date of the proposed sale; and
2. 
He has not held a similar sale at the location stated in the application within one year last past from the date of such application; and
3. 
It applies to only one business and is not conducted or advertised in cooperation or by participation with any other business; and
4. 
He shall file with the licensing officer a complete inventory of goods that are to be offered for sale.
b. 
The provisions of this subsection shall not apply to or affect:
1. 
Any person acting pursuant to an order or process of a court of competent jurisdiction; or
2. 
Persons acting in accordance with their powers and duties as public officials.
c. 
Any license issued pursuant to this subsection shall:
1. 
Authorize only one type of sale described in the application at the location named therein; and
2. 
Authorize only the sale of goods described in the inventory filed with the licensing officer and shall forbid additions or replacements; and
3. 
Continue for a period not exceeding three months from the date of granting of license and shall not be renewable, assignable or transferable.
a. 
The Borough Clerk shall prepare a list of addresses of those premises where the owner and/or occupant has notified the clerk that transit merchants, itinerant merchants, itinerant vendors, peddlers, canvassers, solicitors and door-to-door sales enterprises are not permitted on premises (hereinafter referred to as the "Do Not Knock" Registry). Notification shall be by completion of a form available at the Borough Clerk's office during normal business hours. The list shall be updated from time to time but at least by January 1st of each year.
b. 
Any owner and/or occupant who has requested enlistment on the "Do Not Knock" Registry, pursuant to paragraph a herein, shall be able to purchase from the clerk's office, for a nominal fee, a sticker for display at his or her or its premises indicating enlistment on the "Do Not Knock" Registry.
c. 
The Borough Clerk shall submit the "Do Not Knock" Registry to the chief of police at least biannually to be distributed to applicants for a license to peddle, canvass, itinerant vend or otherwise door-to-door sell pursuant to the provisions of this chapter. The licensee shall not peddle, canvass, itinerant vend or conduct door-to-door sales at any premises identified on the then current "Do Not Knock" Registry.
d. 
Any canvasser, peddler, itinerant vendor, itinerant merchant, solicitor or door-to-door sales person who violates any provision of this ordinance shall be:
1. 
Subject to the maximum fines as provided in this chapter;
2. 
Subject to a one-year revocation of any license issued pursuant to the within chapter; and
3. 
Ineligible to receive a new license, pursuant to the within chapter, for a one-year period, coinciding with the terms of one-year revocation noted in paragraph d2 herein.
Every person required to procure a license under the provisions of this chapter shall submit an application to the Borough Clerk, which application shall be accompanied by the full amount of the fee chargeable for the license applied for.
[Ord. #1965-10, Art. III, § 302; amended 5-7-2024 by Ord. No. 2024-08]
The application shall be a written statement upon the forms provided by the Borough licensing officer and shall contain the following:
a. 
Previous license history of the applicant and whether any previous revocation or suspension and the reason therefor.
b. 
Statement that applicant is not violating the zoning ordinance of the Borough of Point Pleasant Beach. If applicant occupies a nonconforming use, proof of date of occupancy and operation must be given.
c. 
Statement that applicant is not in default under the provisions of this chapter or indebted or obligated in any manner to the Borough of Point Pleasant Beach, except for current taxes, both real and personal.
d. 
Such other facts relative to the general personal history of the applicant, or its officers and managers if the applicant is not an individual, so as to enable the Borough license officer to make a fair determination of the eligibility of the applicant.
e. 
Name of person to whom license will be issued and his residence address. If applicant is not an individual, then the names, positions and residence addresses of all officers and managers of the applicant.
f. 
The premises at which the business is to be carried on and the name and address of the owner of the premises.
If the persons applying for licenses are making such application for licenses as transient merchants, itinerant merchants, itinerant vendors, peddlers, solicitors, canvassers or handbill distributors, they shall furnish the following further information on their respective applications, or attach the same thereto:
g. 
A listing of all misdemeanors, felonies or violations of any municipal ordinances for which applicant has been convicted, the nature of the offense and the punishment assessed therefor. If applicant is not an individual, these provisions shall apply to its officers and managers.
h. 
The fingerprints of the person or persons having the management or supervision of the applicant's business.
i. 
The place or places in the Borough of Point Pleasant Beach where applicant proposes to carry on business, peddle, solicit, canvas or distribute, and the length of time he proposes to do so.
j. 
The place or places within or without the Borough of Point Pleasant Beach where applicant, within two years next preceding the date of his application, did carry on business, peddle, solicit, canvass or distribute.
k. 
A statement of the nature, character of the advertising done or proposed to be done in order to attract customers.
l. 
A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers.
m. 
Credentials from the person, firm or corporation for which the applicant proposes to do business, authorizing the applicant to act as such representative.
n. 
Such other reasonable information as to the identity or character of the person persons having the management or supervision of the applicant's business or the method or plan of doing such business as the Borough licensing officer may deem proper to fulfill the purposes of this chapter in the protection of the public good.
o. 
A photograph taken within 30 days immediately prior to the date of filing of the application, which photograph shall be 2" x 2", showing the head and shoulders of the applicant in a clear and distinguished manner.
p. 
If a vehicle is to be used, a description of the same, together with the license registration number or other means of identification.
q. 
A certificate of insurance coverage pursuant to the requirements of § 5-27.
No license, or renewal thereof, shall be issued to a person not of good moral character. If applicant is not an individual, these provisions shall apply to its officers and managers.
Upon written request of the Borough licensing officer or the Borough Clerk, the chief of police shall ascertain if the applicant has any criminal record, and report in writing affirmatively or negatively thereon, within seven days after the request is made, indicating in his report his approval or disapproval of the granting of a license and giving his reasons therefor.
After submission of the application and the required fees to the Borough Clerk, the Borough licensing officer shall make any investigation necessary and shall indicate his written approval or disapproval of the license application within ten days after the application is filed with the Borough Clerk. If approved, the license shall be issued in the name of the Borough Clerk. If disapproved, the Borough licensing officer shall forthwith notify the applicant and the Borough Clerk in writing of such disapproval and the reasons therefor, and the applicant shall have ten days from receipt of notice of disapproval to appeal from the decision of the Borough licensing officer, to the mayor and council who, after due hearing, can affirm or reverse the decision of the Borough licensing officer.
Application for renewal or transfer of a license shall follow the same procedure as is outlined in the preceding subsections for an original application.
All licenses shall commence as of the 1st day of January in cacti year and shall expire on the 31st day of December in the year of issuance. On transfer of location of licensed business to a new location within the Borough of Point Pleasant Beach, or on the sale of a going business remaining in the Borough, licenses may be transferred provided the annual license fee for the year has been paid and a transfer fee of ten ($10.00) dollars is paid to the Borough Clerk.
A duplicate license may be issued by the Borough Clerk to replace any license previously issued, which license has been lost, stolen, defaced or destroyed, without any willful conduct on the part of the licensee., upon the filing by the licensee of an affidavit sworn to before a Notary Public of the State of New Jersey attesting to such fact and the payment to the Borough Clerk of a fee of ten ($10.00) dollars.
No rebate or refund of any license fee or any part thereof shall be made by reason of retirement of licensee from business, or by reason of the non-use of such license for all or any portion of the licensed year, or by reason of a change of location or business, or by reason of fire or other accident or other casualty rendering the use of such license ineffective.
Each license issued under this chapter shall state upon its face the following:
a. 
The name of the licensee and any other name under which such business is to be conducted.
b. 
The kind and address of each business so licensed.
c. 
The amount of license fee therefor.
d. 
The dates of issuance and expiration thereof.
e. 
Such other information as the Borough licensing officer shall determine.
Every licensee under this chapter shall:
a. 
Permit all reasonable inspections of his business.
b. 
Permit access to the licensed premises at all reasonable times by the Borough licensing officer.
c. 
Ascertain and at all times comply with all laws and regulations applicable to such licensed business.
d. 
Avoid all forbidden, improper, unlawful or unnecessary practices, businesses or conditions which do or may affect the public health, morals or welfare.
e. 
Refrain from operating the licensed business on premises after expiration of his license and during the period when his license is revoked or suspended.
f. 
Post and maintain his license upon the licensed premises in a place where it may be seen at all times. Moreover, in the case of cigarette vending machines, juke boxes, vending machines and mechanical amusement devices, the license or licenses herein provided for shall be posted permanently and conspicuously at the location of the machine or device in the premises wherein the same is to be operated or maintained to be operated, and shall have affixed thereto any insignia delivered for use therewith upon the outside of the same so that it may be seen at all times.
g. 
Carry and display, at all times, his license and identification to any person requesting the same, if licensee is a transient merchant, itinerant merchant, itinerant vendor, peddler, solicitor, canvasser or handbill distributor.
h. 
Not loan, sell, give or assign to any other person, or allow any other person to use and display, or to destroy, damage or remove, or to have in his possession, except as authorized by the Borough licensing officer or by law, any license or insignia which has been issued to the licensee.
[Ord. #1965-10, Art. IV, §§ 401 & 407; Ord. #1969-7; Ord. #77-8; Ord. #1981-21, § 1; Ord. #1983-7, § 3; Ord. #1984-41, § 2; Ord. #1985-28, § 1; Ord. #2004-30, §§ 1-3; Ord. #2004-40, §§ 1, 2; Ord. #2008-04, § 1; Ord. #2016-21]
All license fees shall be due and payable on the 1st day of January of each year. A late fee of fifty ($50.00) dollars shall be due and payable for any license that is not renewed by March 5th of the licensing year. The owner of any business, whose license is not renewed, shall be subject to summons for the violation of the provisions of this chapter and subject to penalties as set forth in Subsection 5-8.6.
The license fees to be paid annually, unless otherwise specified, for conducting the business or businesses herein named at the premises to be designated in the license or licenses issued hereunder, shall be as follows:
a. 
Advertising bill, circulars and sample distributors, each, ten ($10.00) dollars per day, per person.
b. 
Amusements.
1. 
Rides.
(a) 
Adult — two hundred ($200.00) dollars for the first ride plus twenty-five ($25.00) dollars for each additional ride.
(b) 
Child/family ride — one hundred ($100.00) dollars for the first ride plus twenty-five ($25.00) dollars for each additional ride. A child/family ride shall mean:
(1) 
A ride as to which no minimum height restriction applies; or
(2) 
A ride with a minimum height restriction of 42 inches or less which permits persons less than that height to ride when accompanied by an adult.
2. 
Arcade (without rides or games) — five hundred ($500.00) dollars.
3. 
Automatic or manually operated coin machines other than boardwalk including video, ten ($10.00) dollars per machine with a maximum of one hundred ($100.00) dollars.
c. 
Automobile accessories and parts, one hundred ($100.00) dollars.
d. 
Automobile agency or showroom for the sale of new cars, two hundred fifty ($250.00) dollars; for the sale of used cars, one hundred fifty ($150.00) dollars.
e. 
Automobile service stations, one hundred ($100.00) dollars; service stations with repairs, two hundred ($200.00) dollars.
f. 
Automobile and car/truck rental, one hundred ($100.00) dollars.
g. 
Barber shops, fifty ($50.00) dollars.
h. 
Beauty shops, fifty ($50.00) dollars.
i. 
Bathing beaches — per lineal foot along Boardwalk line (up to 200 lineal feet), $1.00/LF; 201-500 lineal foot, $.75; 501 LF and over, $.50/LF. Minimum fee one hundred ($100.00) dollars and maximum fee of one thousand ($1,000) dollars.
j. 
Boat slips — Marina per slip, ten ($10.00) dollars per slip, minimum one hundred ($100.00) dollars.
k. 
Bus terminal, five hundred ($500.00) dollars.
l. 
Canvassers, handbill, transient and/or itinerant merchants per day, fifty ($50.00) dollars per person.
m. 
Cleaning, pressing, dyeing and laundry:
1. 
Retail or self service, one hundred ($100.00) dollars.
2. 
Wholesale and plants for processing, two hundred fifty ($250.00) dollars.
n. 
Coal, oil, wood, fuel, gasoline, petroleum retailers, five hundred ($500.00) dollars.
o. 
Driving school, each vehicle fifty ($50.00) dollars.
p. 
Fire, damaged or altered goods, going out of business, etc., each sale per day, fifty ($50.00) dollars.
q. 
Food, frozen custard, ice cream and/or other stands:
1. 
Each stand, one hundred ($100.00) dollars.
2. 
Wholesale, one hundred fifty ($150.00) dollars.
r. 
Garages and Parking Lots:
1. 
Open air parking lots:
(a) 
Fees charged will be based on 200 square feet per car per total vacant area of premises to be licensed.
(1) 
A fee of six ($6.00) dollars per car.
(b) 
A one-day license fee of thirty-five ($35.00) dollars per day will be issued but only after a license complies with all general requirements and regulations hereinafter listed.
(c) 
General regulations. Every open air parking lot licensee shall comply with the following:
(1) 
Permit all reasonable inspections of his business.
(2) 
Permit access to the licensed premises at all reasonable times by the Borough licensing officer.
(3) 
Ascertain and at all times comply with all laws and regulations applicable to such licensed business.
(4) 
Avoid all forbidden, improper, unlawful or unnecessary practices, businesses or conditions which do or may affect the public health, morals or welfare.
(5) 
Refrain from operating the licensed business on premises after expiration of his license and during the period when his license is revoked or suspended.
(6) 
Post and maintain his license upon the licensed premises in a place where it may be seen at all times.
(7) 
Not loan, sell, give or assign to any other person, or allow any other person to use and display, or to destroy, damage or remove, or to have in his possession, except as authorized by the Borough licensing officer or by law, any license or insignia which has been issued to the licensee.
(d) 
Parking will only be permitted within the property lines of a licensed premises.
(e) 
Unlighted lots cannot operate beyond sunset.
(f) 
There shall be posted a three foot by three foot plywood sign white in color with black lettering at each entrance to the parking area with the following information:
(1) 
All rates, daily, holidays and nightly in six inch numerals.
(2) 
Hours of operation.
(3) 
Name, address and telephone number of licensee.
(4) 
Mercantile license number.
(g) 
Any business required by zoning ordinance to maintain a specified number of off-street parking spaces for the operation of their business may not charge to park in these spaces and will not be licensed to do so.
(h) 
Any violation of the open air parking lot provisions as set forth herein may result in a suspension and/or revocation of the license. Prior to said suspension and/or revocation, the licensee shall be granted a hearing before the designated hearing officer. Said licensee shall have the opportunity at said hearing to present testimony and to be represented by counsel.
(i) 
Anyone violating the provisions of the within ordinance shall be subject to penalties as provided for in the general penalty provision of Chapter V of the Borough of Point Pleasant Beach Code.
s. 
Boats.
1. 
Small sail or rowboats, for hire — twenty-five ($25.00) dollars per boat.
2. 
Party or charger boats — two ($2.00) dollars per lineal feet ($100.00 minimum).
t. 
Golf, miniature per 18 holes, one hundred ($100.00) dollars.
u. 
Batting cages, per cage, seventy-five ($75.00) dollars. Maximum fee two hundred fifty ($250.00) dollars.
v. 
Juke boxes, twenty-five ($25.00) dollars.
w. 
Livery service (per car), one hundred ($100.00) dollars.
x. 
Lumber yards, two hundred fifty ($250.00) dollars. Any additional retail sales (other than lumber) shall be subject to paragraph cc below.
y. 
Manufacturing, machine or assembly plant, three hundred ($300.00) dollars.
z. 
Mobile food vending per vehicle, three hundred ($300.00) dollars.
aa. 
Peddlers, selling on streets, two hundred fifty ($250.00) dollars.
bb. 
Restaurant and diners:
1. 
A fee of one hundred fifty ($150.00) dollars for restaurants and diners with seating up to one hundred (100) seats.
2. 
A fee of five hundred ($500.00) dollars for restaurants and diners with seating over one hundred (100) seats.
cc. 
Retail sales, wholesale sales, one hundred ($100.00) dollars minimum, 5 ($0.05) cents per square feet all floors business use. Maximum fee five hundred ($500.00) dollars.
dd. 
Rental area wall to wall, all floors, 10 ($0.10) cents per square feet. Minimum fee two hundred fifty ($250.00) dollars. Maximum fee five hundred ($500.00) dollars.
ee. 
Theaters and motion picture, per screen, two hundred fifty ($250.00) dollars.
ff. 
Vending machines:
1. 
A fee of fifty ($50.00) dollars per machine.
gg. 
All businesses not classified, one hundred fifty ($150.00) dollars.
hh. 
Antiquing emporium, each dealer, fifty ($50.00) dollars.
ii. 
Massage therapy two hundred ($200.00) dollars per facility and thirty-five ($35.00) dollars per massage therapist.
jj. 
Newsracks twenty-five ($25.00) dollars first box and twenty ($20.00) dollars each box thereafter.
[Ord. No. 1968-5, § A]
It shall be unlawful for any person or persons or any body corporate to conduct a retail food establishment as defined in and governed by the Retail Food Establishment Code of New Jersey (1965), adopted by Chapter BH5 of this revision, without first having procured a license from the Board of Health of the Borough of Point Pleasant Beach to do so or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Retail Food Establishment Code of New Jersey (1965).
[Ord. No. 1968-5, § A]
The fees for licensing of retail food establishments shall be as prescribed in Subsection 5-4.6. Permits and licenses shall be applied for as required in section 5-3 hereof and shall be regulated by the terms of this chapter and Chapter BH5. No separate charge shall be made by the board of health for a retail food establishment license.
Any license issued under the term and provisions of this section may be suspended or revoked by the board of health for the violation by the licensee of any provision of this chapter or the Retail Food Establishment Code of New Jersey (1965), or whenever it shall appear that the business, trade, calling, profession or occupation of the person to whom such license was issued, is conducted in a disorderly or improper manner, or in violation of any law of the United States, the State of New Jersey, or any ordinance of the Borough, or that the person conducting the retail food establishment is of an unfit character to conduct the same or that the purpose for which the license has been issued is being abused to the detriment of the public, or is being used for a purpose foreign to that for which the license was issued.
A license issued under the terms and provisions of this section shall not be revoked, cancelled or suspended until a hearing thereon shall have been bad by the board of health. Written notice of the time and place of such hearing shall be served upon the licensee at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, cancelling or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or be deposited in the United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon the license. At the hearing before the board of health, the person aggrieved shall have an opportunity to answer and may thereafter be beard, and upon due consideration and deliberation by the board of health, the complaint may be dismissed, or if the board of health concludes that the charges have been sustained, it may revoke, cancel or suspend the license held by the licensee.
After Suspension or Revocation. If any such license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the Borough unless the application for such license shall be approved by the board of health.
No provision of this section shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
A mobile food retail sales and service unit hereinafter referred to as a mobile unit, shall be defined as any movable restaurant, truck, van, cart, bicycle, or other movable unit including hand carried portable containers in or on which food or beverage is transported, stored or prepared for retail sale or given away at temporary or permanent locations.
Mobile units shall comply with the following specifications:
a. 
Potable water supply tank, minimum capacity of 30 gallons heated electrically or otherwise and tilted toward a capped drain cock, shall be provided; the water inlet pipe shall be of removable flexible copper or other tubing approved by the local board of health of Point Pleasant Beach with nozzle for hose connection capped when not being used. A hose for connection to potable water supply shall be provided and shall be equipped with an approved vacuum breaker and check valve.
A seamless three compartment sink, supplied with running hot and cold water, which shall have a swivel faucet, shall be provided and it shall be large enough to accommodate the largest piece of equipment to be cleansed therein.
A hand wash sink, seamless, with running hot and cold water, soap and single service individual towels or mechanical hand dryer, shall be provided.
A suitable waste tank with an adequate method of gauging the contents and having a capacity at least equal to the capacity of the water supply tank shall be provided and shall be tilted toward a drain cock. It shall be emptied and flushed into a sanitary sewer or septic system as often as necessary in a sanitary manner in order to maintain sanitary conditions.
A mechanical refrigerated box that shall maintain a temperature of 45 degrees Fahrenheit or below and equipped with indicating thermometer shall be provided for various ingredients carried with metal racks or platforms provided to store ingredients.
Floors shall be of metal or similar approved material and properly sloped to provide proper drainage. Junctures of floor wall and adjoining fixtures shall be watertight and covered.
A refuse container with cover must be available for deposit of papers and other solid wastes by customers and operators and must be so constructed and designed and placed so that it can be readily used, cleaned and kept clean and located where it will not create a nuisance.
Notice shall be posted in the service area of the mobile unit with instructions as to proper handling of food materials and containers, proper cleansing of equipment, utensils and appurtenances and proper waste disposal.
A hose and hose connection equipped with a vacuum breaker shall be provided for supplying water to the mobile unit as well as a method of handling the hose for draining to prevent contamination.
Serving windows shall be glassed or screened and shall be kept closed at all times except when being used to serve customers.
Every mobile unit shall be constructed of such acceptable material as to enable it to be readily cleaned and equipment shall be installed in such a manner that the unit can be kept clean and food will not become contaminated. The unit or equipment shall be provided with a close fitting cover where required.
The water supply shall be adequate, of a safe, sanitary quality, and derived from an approved source. Cold water and hot water (of a temperature not less than 140 degrees Fahrenheit under pressure) shall be provided in all processing and washing areas.
All residues shall be removed from equipment after use each day and product contact surfaces shall be sanitized just prior to use each day. Interior surfaces contacted by foods shall be completely disassembled daily for cleansing. However, installations and methods used for cleaning equipment without disassembling same, may be utilized by approval of the local board of health of Point Pleasant Beach.
All mobile retail food sales shall require the holder of said license to continue to move from place to place and no sales shall be conducted from a fixed location for any period longer than five minutes.
[Amended 12-5-2023 by Ord. No. 2023-15]
a. 
Mobile retail food sales shall be permitted in Point Pleasant Beach however in order to protect the health, safety and welfare of the citizens of Point Pleasant Beach no mobile retail food sales shall be permitted in the following areas:
1. 
Single family residential districts as indicated on the zoning map of the Borough of Point Pleasant Beach.
2. 
Broadway along Ocean Avenue to the Inlet and along Inlet Drive.
3. 
Channel Drive.
4. 
Boardwalk.
b. 
Paragraphs a - c above shall not apply if the mobile retail sales in one of these locations is part of an event approved pursuant to Section 5-12 of the Revised General Ordinances of the Borough of Point Pleasant Beach, 1968, as amended.
There shall be no vending, peddling or hawking the sale of any item or service upon the boardwalk right-of-way lying along portions of the oceanfront beach within the Borough of Point Pleasant Beach. Additionally, no such activity shall take place upon any ocean beach owned by the Borough of Point Pleasant Beach.
It shall be unlawful for any person, whether as principal or agent, clerk or employee, either for himself or any other person, or for any body corporate, or as an officer of any corporation, or otherwise to:
a. 
Engage in the operation of one or more machines or devices offered for public use which, upon insertion of a coin, coins or token, or by other means dispenses unit servings of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied to and procured a permit from the board of health of the Borough so to do, or without complying with any and all of the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961) as adopted or amended by the board of health.
b. 
Maintain or permit to be maintained on or in any location in the Borough, one or more machines or devices offered for public use which, upon insertion of a coin, coins or token, or by other means, dispenses unit servings of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied to and procured a license for each such machine or device from the board of health or without complying with any and all provisions of the Food and Beverage Vending Machine Code of New Jersey (1961) as adopted or amended by the board.
The fees for permits and licenses under this section shall be in conformity with the provisions of Subsection 5-4.6. Permits And licenses shall be applied for as required in section 5-3 and shall be regulated by the terms of this chapter and Chapter BH8. No separate charge shall be made by the board of health for permits or licenses except as provided in Chapter BH8.
Permits and licenses issued under the authority of this section may be suspended, revoked, or reinstated by the board of health pursuant to the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961), as adopted or amended by the board of health.
No provision of this section shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
It shall be unlawful for any person, whether as principal or agent, clerk or employee, either for himself or any other person, or for any body corporate, or as an officer of any corporation, or otherwise to engage in the operation of an establishment where one or more machines or devices offered for public use which, upon insertion of a coin, coins or token, or by other means, provide self-service dry cleaning facilities without first having applied to and procured a permit from the board of health of the Borough so to do, or without complying with any and all of the provisions of the Coin-Operated Dry Cleaning Establishments Code of New Jersey (1962), as adopted or amended by the board.
The fee for permits required under this section is hereby fixed at one hundred ($100.00) dollars per year. Permits and licenses shall be applied for as required by section 5-3 hereof and be regulated by the terms of this chapter and Chapter BH9. No separate charge shall be made by the board of health for permits or licenses except as provided in Chapter BH9.
No provision of this section shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
It shall be the duty of the chief of police, the Borough licensing officer and any police officer of the Borough of Point Pleasant Beach to examine, if necessary, any and all places of business and all persons in the Borough of Point Pleasant Beach to determine if this chapter has been complied with and to enforce the provisions of this chapter against any business and/or person found to be violating the same. Further, it shall be their duty to require any person seen peddling, soliciting, canvassing or distributing and who is not known by such officer to be duly licensed, to produce his peddler's, solicitor's, canvasser's or distributor's license, as the case may be, and to enforce the provisions of this chapter against any person found to be violating the same.
No license shall be required of any person for any mere delivery in the Borough of Point Pleasant Beach of any property purchased or acquired in good faith from such person at his regular place of business outside of the Borough where no intent by such person is shown to exist to evade the provisions of this chapter.
The mayor and Borough council may authorize the issuance of special permits, without the payment of any license fees, or other charge therefor, to any public, charitable, educational, literary, fraternal or religious organization, for the conduct or operation of a temporary nonprofit enterprise for a public, charitable, educational, literary, fraternal or religious purpose. Applicants, however, shall submit the usual application form in the manner as hereinbefore required and shall operate, if granted a permit, in accordance with the requirements of this chapter.
Any permit or license granted or issued pursuant to this chapter may be revoked by the mayor and Borough council after notice and hearing for any of the following reasons:
a. 
Any fraud, misrepresentation or false statement contained in the application for license.
b. 
Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise.
c. 
Any violation of this chapter.
d. 
Conviction of the licensee of any felony or of a misdemeanor involving mortal turpitude.
e. 
Conducting the business licensed under this chapter through applicant himself, or any of his agents, servants or employees, in any unlawful manner, or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of a hearing for revocation of a license, under Subsection 5-8.4, shall be given in writing by the Borough Clerk or the Borough licensing officer, setting forth specifically the grounds of complaint and the time and place of the hearing. The notice shall be mailed, by certified mail, to the licensee at the address indicated on his license application at least five days prior to the date set forth for the hearing.
As used in this section:
MASSAGE
shall mean the practice of a profession, scientifically applied to the patient by the operator's hands.
MASSAGE ESTABLISHMENT
shall mean any massage establishment or place of business wherein massage as to all or any one or more of the subjects and methods of treatments defined in "massage therapist" is administered or used.
MASSAGE THERAPIST
shall mean any person who practices or administers as to all or any of the following named subject matters and who has made a study of the underlying principles of anatomy and physiology as generally included in a regular course of study by a recognized and approved school of massage: the art of body massage, either by hands or with a mechanical or vibratory apparatus for the purpose of body massaging, reducing or contouring, and the use of oil rubs, heat lamps, salt glows, hot and cold packs and tub, shower or cabinet baths. Variations of the following procedures are employed: touch, stroking, friction, kneading, vibration, percussion and medical gymnastics. "Massage therapists" shall not diagnose or treat classified diseases nor practice spinal or other joint manipulations nor prescribe medicines or drugs.
a. 
It shall be unlawful for any person or persons to engage in the practice or attempt to practice massage, whether for a fee or gratuitously, or to conduct massage, without a license issued pursuant to the provisions of this section.
b. 
It shall be unlawful for any person or persons to operate or conduct any massage establishment which does not conform to the sanitary provisions herein contained or to employ any person as a massage operator who does not hold a license.
a. 
An applicant for a license shall submit the following information:
1. 
Full name and current address.
2. 
The two previous addresses of the applicant immediately prior to the current address.
3. 
Written proof that the applicant is over the age of 18 years.
4. 
The applicant's height, weight and color of eyes and hair.
5. 
Two current photographs at least two by two inches in size.
6. 
The business, occupation or employment of the applicant for the three years immediately preceding the date of the application.
7. 
The massage or similar business license history of the applicant, including whether such person, in previous operation, in this or another area, has had his or her license revoked or suspended, the reason therefor and any business activity or occupation subsequent to the action of suspension or revocation.
8. 
All criminal convictions and the grounds therefor.
b. 
The applicant must furnish a diploma or certificate of graduation from an accredited school or other institution of learning wherein the method, profession and work of massage therapists is taught. The term "accredited school or other institution of learning" shall mean and include any school or institution of learning which complies with the following criteria:
1. 
It has been accredited by the American Massage and Therapy Association, 934 Quincy N.E. Albuquerque, New Mexico 87110 or the International Myomassethics Federation, Inc., P.O. Box 20084, Detroit, Michigan 48220.
2. 
It shall have as its principal purposes the teaching of the theory, method, profession or work of massage therapists.
3. 
It shall require a resident course of study of not less than 1,000 hours to be given in not less than six calendar months before a student shall be furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such course of study or learning.
a. 
Any person desiring to obtain a license to operate a massage establishment or to personal massage services shall make application to the municipal clerk, who shall refer all such applications to the chief of police for an appropriate investigation.
b. 
Each application shall be accompanied by a license fee of two hundred ($200.00) dollars.
c. 
Any employee desiring to be licensed as a massage therapist pursuant to Subsection 5-9.8 shall pay a fee of thirty-five ($35.00) dollars and otherwise comply with the application requirements of this section where applicable.
a. 
Upon payment of the application fee, submitting of all information required by application and upon proper inspection, a license shall be granted immediately if all requirements described herein are met and unless it appears that any such applicant has deliberately falsified the application or the record of such applicant reveals a conviction of a felony or a crime of moral turpitude.
b. 
Any person denied a license pursuant to these provisions may appeal to the Borough council in writing stating reasons why the license should be granted. The council may grant or deny the license. The council may also review any determination of the chief of police granting or denying a license on its own motion.
c. 
All licenses issued hereunder are nontransferable; provided, however, that a change of location of a massage establishment may be permitted pursuant to the provisions hereof.
d. 
All licenses issued pursuant to this section shall be for a term commencing on January 1st of each year and terminating on December 31st of each year. The license fees provided for in Subsection 5-9.4 shall not be prorated in the event that an application for a license is made at any time after January 1st of any year.
Every person to whom a license shall have been granted shall display the license in a conspicuous place at such person's place of business.
A change of location of the massage premises shall be approved by the chief of police, provided that all applicable ordinances are complied with and the change of location fee of twenty-five ($25.00) dollars is first paid.
a. 
No license shall be revoked until after due notice and a hearing shall have been held before the Borough council to determine just cause for such revocation. Notice of such hearing shall be given in writing and served at least ten days prior to the date of the hearing therein. The notice shall state the grounds of the complaint against the holder of such a license and shall designate the time and place where such hearing will be held.
b. 
The notice shall be served upon the license holder by delivering same personally or by leaving such notice at the place of business or residence of the license holder in the custody of a person of suitable age and discretion. In the event that the license holder cannot be found and the service of such notice cannot be otherwise made in the manner herein provided, a copy of such notice shall be mailed, registered postage fully prepaid, addressed to the license holder at his place of business or residence at least ten days prior to the date of such hearing.
The license of a massage therapist may be revoked upon one or more of the following grounds:
a. 
That the licensee is guilty of fraud in the practice of massage or fraud or deceit in his being licensed to the practice of massage.
b. 
That the licensee has been convicted in a court of competent jurisdiction of a felony. The conviction of a felony shall be the conviction of any offense which, if committed within this State, would constitute a felony under the laws thereof.
c. 
That the licensee is engaged in the practice of massage under a false or assumed name or is impersonating another practitioner of a like or different name.
d. 
That the licensee is addicted to the habitual use of intoxicating liquors, narcotics or stimulants to such an extent as to incapacitate such person for the performance of his or her professional duties.
e. 
That the licensee is guilty of fraudulent, false, misleading or deceptive advertising or that he or she prescribes medicines, drugs or practices any other licensed profession without legal authority therefor.
f. 
That the licensee is guilty of willful negligence in the practice of massage or has been guilty of employing, allowing or permitting any unregistered person to perform massage in his or her establishment.
g. 
The licensee has violated any of the provisions of this section.
The requirements of this section shall have no application and no effect upon and shall not be construed as applying to physicians, surgeons, chiropractors, osteopaths or any nurse working under the supervision of a physician, surgeon, chiropractor or osteopath duly licensed to practice the respective professions in this State.
Whereas, Public Laws of 1964, Chapter 6, Section 8, N.J.S.A. 5:8-31 provides that municipalities may enact ordinances permitting the holding, operating and conducting of bingo and raffle games on Sundays; and the Borough Council of the Borough of Point Pleasant Beach finds that the activities and goals of organizations and associations eligible for licenses to conduct bingo and raffle games would be enhanced by the added revenues which would be obtained if such games of chance were conducted on Sundays.
Pursuant to N.J.S.A. 5:8-31, the Borough Council of the Borough of Point Pleasant Beach may, in its discretion, issue licenses for the holding, operating and conducting of bingo and raffle games on the first day of the week, commonly known and designated as Sunday.
As used in this chapter, the following terms shall have the meanings indicated:
GARAGE SALE
shall mean and include all sales entitled "garage sale", "lawn sale", "attic sale", "rummage sale", "flea market sale", or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of said sale.
GOODS
shall mean and include any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
PERSON
shall mean and include individuals, partnerships, voluntary associates and corporations.
It shall be unlawful for any person to conduct a garage sale in the Borough of Point Pleasant Beach without first filing with the Borough code enforcement officer the information hereinafter specified and obtaining from the code enforcement officer a permit to conduct such sale, to be known as a "garage sale permit". No fee shall be required for the issuance of such permit.
The person making application for the "garage sale permit" shall file a completed application with the code enforcement officer seven days before the first day of the garage sale in order to provide adequate time for the processing of the permit. The code enforcement officer shall transmit each permit application to the chief of police, or his designees who shall review the information contained on the permit. The chief of police, or his designee shall have the right to impose conditions on the permit relating to matters of public safety.
a. 
The permit shall be issued only to premises on which a residential dwelling is located or charitable, religious or civil organization is located, it being the intention to prohibit garage sales on vacant lots and further to limit the issuance of said permits to specified premises rather than to any individual. The permit may be issued to any premises only twice within any twelve month period, and the permit shall be issued for no more than three consecutive calendar days. Furthermore, no person, firm, group, corporation, or association shall directly or indirectly conduct a garage sale at any premises within the Borough more than twice in any twelve month period. Charitable, religious and civic organizations may be allowed more than two permits with the approval of the Borough council.
b. 
Each permit issued under this section must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the garage sale.
The information to be filed with the code enforcement officer, shall be as follows:
a. 
Name of the person, firm, group, corporation, association or organization conducting said sale.
b. 
Name of the owner of the property on which said sale is to be conducted and consent of the owner if applicant is other than the owner.
c. 
Location at which sale is to be conducted.
d. 
Number of days of sale.
e. 
Date and nature of any past sale.
f. 
Whether or not applicant has been issued any other vendor's license by any municipal, county, State or Federal agency.
g. 
Sworn statement or affirmation by the person signing that the information therein given is full, true and known to him to be so.
h. 
Any other information deemed necessary by the code enforcement officer so as to process the application.
a. 
Signs posted or handbills advertising a garage sale, as herein defined, shall be of a size not larger than 12 x 12 inches and must contain, in addition to the definition of the type of sale being advertised, the number of the permit issued by the Borough and the dates for which such permits were issued.
b. 
All such signs shall be removed within 48 hours after the completion of the sale.
c. 
Newspaper advertisement of such sale shall contain the same information as required in the case of signs.
The provisions of this section shall not apply to or affect the following persons or sales:
a. 
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
b. 
Persons acting in accordance with their powers and duties as public officials.
c. 
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement, and which separate items do not exceed five in number.
d. 
Any publisher of a newspaper, magazine, other publication or other communication media who publishes or broadcasts in good faith without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this section have not been complied with by the person conducting the sale.
e. 
Any sale conducted by any merchant or other business establishment in a place of business wherein such sale would be permitted by the zoning regulations of the Borough or under the protection of the nonconforming use section thereof, or any sale conducted by a manufacturer dealer, or vendor which sale would be conducted from properly zoned premises and would not otherwise be prohibited in the Borough ordinances.
f. 
Any bona fide, charitable, eleemosynary, educational, cultural or other organization or association not for profit may be exempted from the limitation established in Subsection 5-11.3 hereof, upon demonstrating to the Borough council its right to such exemption. The production of a certified copy of a certificate of incorporation, pursuant to Title 15 of the Revised Statutes of New Jersey, shall be presumptive evidence of the right of such organization to this exemption.
a. 
This section shall be enforced by the Police Department of the Borough. It shall be the duty of the Chief of Police, or his designated agent, to investigate any violation of this section.
b. 
The person to whom such license is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such person shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads or streets or interfere with the orderly passage of pedestrian traffic on sidewalks in the area of such premises. All such persons shall obey the reasonable orders of any member of the police department in order to maintain the public health, safety and welfare.
The purpose of the within section is to establish special event approval procedures and fees to remediate the impact of such events, and it shall be construed to secure the beneficial interests and purposes thereof, which include public safety, health and general welfare — through structural strength, stability, sanitation and safety to life and property from fire and other hazards incidental to the congregation of persons at special events. This section shall ensure that special events do not create disturbances, become nuisances, menace or threaten life, health, and property, disrupt traffic or threaten or damage public property. It is not the intent of this section to regulate in any manner the content of speech or infringe upon the right to assemble, except for the time, place and manner of speech and assembly, and this section should not be interpreted nor construed otherwise.
ABOVE-BASE SERVICE
The cost of providing municipal services, such as public safety and sanitation, in excess of those services and facilities typically provided by the municipality to all other residents.
APPLICANT
The person or group sponsoring or organizing a special event and applying for a special event approval as required under this section.
BANNER
A sign, streamer, or article of like description installed across or over the roadway or sidewalk of any public street in the Borough.
BOROUGH
The Borough of Point Pleasant Beach.
BUSINESS DAY
Normal Borough work hours occurring Monday through Friday, excluding municipal holidays.
COST RECOVERY CHARGES
Above-base service costs for municipal services charged by the Borough to an applicant in conjunction with a special event permitted under this section.
DEMONSTRATION
A public assembly, a meeting or gathering, a rally or protest event, a political rally or event, speechmaking, marching, the holding of vigils, and all other like forms of conduct, the primary purposes of which is expressive activity or the communication or expression of views or grievances, that (1) is engaged in by less than 50 persons; or (2) will not occur upon any Borough property, including a street, sidewalk, boardwalk, park or alley, without compliance with the normal and customary traffic regulations or controls governing such places (for example, do not require street, sidewalk or boardwalk closure); or (3) does not require vendor, alcohol, animal, fireworks or carnival ride licenses (which event meeting one or more of these characteristics shall be deemed a special event). The term "demonstration" shall not mean the casual use of Borough property which does not have an intent or propensity to draw a crowd of onlookers.
FAIR
An exhibition and sale of agricultural, industrial, household and manufactured products, coupled with various amusements, entertainment and educational displays.
FESTIVAL
A feasting or celebration or religious ceremony or series of performances or merry-making with music and other entertainment.
FIRST AMENDMENT ACTIVITY
Expressive and associative activity that is protected by the United States Constitution and/or the New Jersey Constitution, including, but not limited to speech, press, assembly, and/or the right to petition, for example, but not by way of limitation, a march, an assembly in support of or opposition to a political or social issue, or a vigil, excluding commercial activities.
PARADE OR PROCESSION
A merry-making or ceremonial succession, including an organized movement and/or motorcade consisting of persons, vehicles, things, or a combination thereof, which may include music and/or entertainment, from one location to another that:
a. 
Is held with the intent to attract attention;
b. 
Takes place upon public streets, boardwalks, and/or sidewalks within the Borough;
c. 
Interferes or has a tendency to interfere with the normal flow or regulation of pedestrian or vehicular traffic, or does not comply with normal and usual traffic, regulations, or controls.
RACE
A competition of speed in which participants utilize various transportation mechanisms to get from one location to another in the shortest period of time, occurring on a Borough street and/or sidewalk; these transportation mechanisms may include, but are not limited to, bicycles, automobiles, and/or running.
RUN/WALK
A noncompetitive race in which participants run and/or walk from one location to another on a Borough street and/or sidewalk.
SPECIAL EVENT
Any event, festival, performance, competition, display or other organized public event in which public rights-of-way or public property will be used. Such an event may be held or sponsored by a for-profit or nonprofit organization and may use public roads or other thoroughfares. The special event may also be one that promotes Point Pleasant Beach, its residents and businesses as long as said promotion is consistent with the family resort image of the Borough.
This section imposes regulatory requirements on certain activities which are held on municipal streets or public property and are special events. The requirements imposed by this section do not alter, supersede or nullify any requirements contained in other statutes, ordinances or regulations which may also regulate these same activities. These requirements shall be applied in a content-neutral manner and without discrimination as to race, religion, sex, national origin, political affiliation or other unlawful discriminatory classification. This section shall not apply to the following events:
a. 
Events occurring inside permanently established, fully enclosed places of assembly, such as a place of worship, public auditorium, theater, recreation hall, gym, or other enclosed structure designed primarily for housing and assembly of people, provided that the maximum number of persons expected to attend or in actual attendance does not exceed the maximum capacity of the enclosed place of assembly.
b. 
Events in conjunction with school events on school property, house of worship events on house of worship property if designed for that use, or government-sponsored public hearings.
Approval is required for use of municipal property for all special events, including any event, festival, performance, competition, display or other organized public event in which public rights-of-way or public property will be used. The governing body may approve a special event upon written application made by any person who proposes to maintain, conduct, promote or operate a special event as set forth herein. The following items are required in order to receive approval for a special event:
a. 
A completed, verified application, including summary of event, venue request and municipal support services, must be submitted to the Borough Clerk. Corporate applications shall be duly signed, attested and verified by the appropriate corporate officers and shall be accompanied by a copy of the certificate of incorporation or certificate of formation. The application shall specifically contain the following:
1. 
Name, age, residence and mailing address of the applicant. Corporate application shall show the name, residence and mailing address of each person or other corporation holding 10% or more of the stock in said corporation.
2. 
The address, block and lot number, and legal description of all property upon which the special event is to be held, together with the name and address of the record owners of such property.
3. 
Proof of ownership of all property upon which the special event is to be held or a statement under oath by the record owner or owners of all such property for an outdoor special event of 200 people or more for the purpose set forth on the application.
4. 
The specific nature and purpose of the special event, together with a schedule of all events or acts and examples of the proposed advertising of the event, if any, together with the names of the performers who will be performing at the special event.
5. 
The dates upon which the special event will take place and the time the special event will open and finish each day.
6. 
The application shall be accompanied by a diagrammatic sketch or plan of the proposed site, showing the area where the special event will be situated, the location and capacity of all parking areas, driveways and roads as they relate to traffic flow, traffic control and safety. Fire access lanes and lanes for other emergency vehicles shall be shown on the sketch or plan.
7. 
Past experience of the applicant in promoting, operating or conducting similar outdoor events. The applicant shall state whether any permits or licenses for assemblies issued by this or any other governmental agency have ever been revoked, or whether the applicant has ever received notice of violation from any governmental agency arising out of the conduct of an special event. Any lawsuits commenced against the applicant to enjoin an special event or to compel the applicant to provide financial responsibility or reimbursement shall be disclosed.
8. 
Food and drink.
9. 
Adequate toilet and other sanitary facilities shall be provided. The following minimum standards shall generally apply, although the Borough may approve variations from these standards based on the length of the event, the spatial characteristics of the event, or other factors or considerations:
(a) 
A minimum of four toilet facilities shall be provided to serve an anticipated attendance of 200 people. In addition, two toilet facilities shall be provided for each additional 250 people anticipated to attend.
(b) 
Public or common use toilets must comply with the Federal ADA accessibility guidelines, which require that 5% of the total number, or no less than one toilet facility per each cluster of toilet facilities, must be accessible to guests with disabilities.
(c) 
Medical and ambulance care, including the names of first aid and ambulance services or squads which will be available.
10. 
Facilities for the parking of cars, off the traveled highways of the Borough of Point Pleasant Beach. The details shall indicate parking areas, the capacity of the parking areas, means of ingress and egress, and the measures intended by the applicant to insure that cars waiting to park will not congest the public highways.
11. 
Public safety, indicating the classification of police officers to assist the applicant in the supervision of those attending the event. The Point Pleasant Beach Chief of Police shall determine how many police officers will be needed to provide adequate traffic control, and all traffic patterns devised by Point Pleasant Beach police personnel shall be strictly adhered to. The Point Pleasant Beach Chief of Police shall prepare an estimate for use of municipal personnel to maintain traffic control, public safety, and security for the event.
12. 
The plans, if any, to illuminate the location of the special event and the pedestrian walkway areas, including the source, amount of power, and the location of the illumination.
13. 
The plans for holding, collecting and disposing of solid waste materials.
14. 
The plans for supplying potable water, including the source, amount available and the location of all outlets.
15. 
The plans for sound control and sound amplification, if any, including the number, location and power of the amplifiers and speakers, together with the applicant's proposal to confine the sound to the area of the special event,
b. 
The application shall be submitted to the following agencies and the review process completed within 15 days of receipt of a complete application:
1. 
Police Department.
2. 
Borough Administrator.
3. 
Construction and Code Enforcement (if applicable).
4. 
Fire Official.
5. 
President of the Point Pleasant Beach Chamber of Commerce.
6. 
Fire Department.
7. 
EMS squad.
c. 
A representative from the applicant and the Police Department, as well as the Borough Administrator, shall meet to review the application and the planned event. A representative from the Building Department, the Fire Official and Chamber of Commerce may be included as well, if appropriate. The applicant will be provided with a list of municipal services needed and any conditions placed upon the event, i.e., route to be used, type of entertainment, road closure and other necessary requirements for said events.
d. 
The completed application shall then be submitted, along with departmental recommendations and any required use agreement, for approval by the governing body.
e. 
Immediately upon approval, the Borough and the applicant shall notify the Police Department, the First Aid Squad, and the Chamber of Commerce of the date and time of the event and provide a map of the streets impacted. The applicant shall also provide this same information to the Municipal Clerk for posting on the municipal website, and to the Ocean Star or other newspaper regularly circulated in the municipality. The information provided to the newspaper shall include a notice as to where route information can be obtained. The applicant shall simultaneously transmit to the Municipal Clerk any email or other electronic transmittal to the newspaper providing this information, or a certified mail or other receipt demonstrating that the required information has been provided to the newspaper.
f. 
Pre- and post-event meeting(s) shall be held as deemed necessary by the Borough Administrator.
g. 
The governing body may consider the following factors when considering if a special event requires the employment of above base municipal services beyond the regularly scheduled shift or the employment of a private contractor:
1. 
The number of anticipated attendees.
2. 
The size of the geographical area for which this special event requires municipal services.
3. 
Whether the event historically has, or is likely to, produce an excessive amount of garbage, trash and litter.
4. 
The proximity of the special event to residential areas or the likelihood that garbage from a special event will affect residential areas.
5. 
The proximity of the special event to bodies of water or any natural resource that should be protected from garbage and pollution.
6. 
The likelihood that garbage from the event could constitute a fire hazard.
h. 
Designated Boardwalk areas will be determined and designated by the Chief of Police. For special events in designated Boardwalk areas, one three-foot-by-six-foot table with no more than two chairs shall be permitted. No tents will be allowed. At the discretion of the Chief of Police of the Borough of Point Pleasant Beach, notification of table occupants may be required.
a. 
Existing event(s).
1. 
For any event commencing on or after January 1, 2014, a special event application must be submitted to the Borough Clerk no later than 90 days prior to the proposed commencement of the event. Upon receipt of a completed application package, the Borough will review the application and provide a response in a reasonable period of time. This deadline shall apply to any event(s) held in the current year or any year in the past five years, which will recur the following year, which is referred to as an "existing special event."
2. 
This deadline shall not apply to demonstrations or First Amendment activities as defined in this chapter, or new events, defined herein as those which have not been held in the Borough prior to December 31, 2013.
b. 
New event(s).
1. 
Special event applications for new events must be submitted to the Borough Clerk at least 120 days prior to the date and time at which the event is proposed to occur. Upon receipt of a completed application package, the Borough will review the application and provide a response within 45 business days to the applicant. The deadline shall not apply to those events which are determined to be demonstrations or First Amendment activities as defined in this section.
c. 
Demonstrations and/or First Amendment activities. Applications for a First Amendment activity not encompassed within the definition of a "demonstration" in this section shall be processed by the Borough no later than five business days prior to the date and time the event is proposed to occur. The Borough still requires the receipt of a completed application. If any agency within the Borough does not have the opportunity to complete its review prior to the Borough's approval under these expedited circumstances, the Borough reserves the right to modify the authorized duration, route and/or location of the event based on content-neutral public safety concerns, including, but not limited to, accommodations for pedestrians, vehicular traffic, staffing availability, and emergency vehicle access. Notwithstanding anything to the contrary herein, the Borough Attorney, in consultation with the Borough Administrator, shall have the discretion to waive these time periods, in the interest of accommodating the free expression of opinion. Such waiver shall not be unreasonably withheld but can be denied upon a finding that the Borough would be unable to provide for legitimate safety and traffic concerns. If a waiver is denied, all efforts shall be made to find alternative avenues for the applicant to reach his or her intended audience.
d. 
Additional requirements.
1. 
If the event will require the closing of streets, the event and applicant are subject to the rules and regulations set forth in the Revised General Ordinances of the Borough.
2. 
If the event will have a fireworks display, the event and the applicant shall comply with the rules and regulations as set forth in the New Jersey Uniform Fire Code and any requirements established by the Fire Official.
3. 
If alcohol is to be served, event organizers must acquire a special license for social affairs from the State of New Jersey Department of Law and Public Safety, Division of Alcoholic Beverage Control. License applications are available through the Borough Clerk. Liquor liability insurance shall be required, in such form and amount as set forth in this section. The licensee must comply with any applicable state or local laws.
4. 
If merchandise and/or food are to be sold or supplied, the event and applicant are subject to the rules and regulations set forth in the Revised General Ordinances of the Borough. Special attention should be given to the provisions relating to hawking and peddling; canvassing and soliciting. License applications are available through the Borough Clerk.
5. 
If applicable, the applicant must provide proof that the amusement ride's owner/operator has acquired the necessary permits from the New Jersey Department of Community Affairs, Bureau of Code Services, and the insurance required in this section.
6. 
If applicable, the applicant must provide proof that the owner/operator/distributor of any game of chance has registered with the New Jersey Legalized Games of Chance Control Commission and provide the appropriate license to the Borough Clerk; and.
7. 
No spray painting shall be permitted for any special event. Any route markers shall be removed at the conclusion of the special event.
e. 
Failure of the applicant to submit a complete application as defined above and to comply with the applicable state laws and regulations shall be grounds for denial of the approval application.
Except as otherwise provided herein, applicants for events defined herein as "First Amendment activities" are not required to comply with Subsection d1 hereinabove.
a. 
A separate approval shall be required for each day and for each location in which people assemble or can reasonably be anticipated to assemble for a special event.
b. 
The approval shall set forth a maximum number of people that may participate in the special event. The applicant shall not sell tickets for nor otherwise permit to assemble at the approved premises more than the maximum number of people permitted by the approval.
c. 
The governing body may waive the fees provided for in Subsection a upon the written request of any civic association, charitable association or nonprofit corporation, provided such civic association, charitable association or nonprofit corporation meets the criteria set forth below:
1. 
Only organizations holding tax-exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. § 501(c) or (d)] are to be considered as a charitable organization.
2. 
The governing body may consider the following factors when considering a charitable organization's request for waiver of any fee:
(a) 
Benefit to the residents of Point Pleasant Beach from the charity's activities.
(b) 
Benefit to residents of the area from the charity's activities.
(c) 
Amount of money expected to be raised by the charity by the activity for which the waiver is requested.
(d) 
Percentage of amount raised by the charity, through the activity for which the waiver is requested, which is expended on costs and administrative expenses.
(e) 
Dollar amount of fees to be waived.
(f) 
Above-base service of the Borough attributable to the activity for which the waiver is requested.
The application shall also contain the following proof of financial responsibility and adequate insurance coverage:
a. 
The applicant shall submit to the Borough Clerk, with his application, a certificate of insurance from an insurance company licensed to do business in New Jersey, in the amount of $2,000,000 of liability per occurrence, or $1,000,000 of liability per occurrence plus $1,000,000 of umbrella liability per occurrence, naming the Borough of Point Pleasant Beach as additional insured for the date of the event. Where it appears that the nature and size of the event, or existence of other applicable insurance, will not reasonably require the limits hereinabove provided, the Borough Council may fix such lesser amounts of limits or accept such evidence of other insurance or financial responsibility as will reasonably afford protection to the participants and to the public.
b. 
In addition to the insurance obligation provided for hereinabove, the Borough Council may require the applicant; prior to the issuance of an approval, to make cash deposits in an amount sufficient to insure full payment of its approval fees and/or to insure prompt repair of physical damage and collection or refuse, if same is not adequately provided for by the applicant. Such a cash deposit may include sums sufficient to pay for such special police officers and like personnel as may reasonably be required by the event and for which the Borough shall bill the applicant.
The Borough Council shall conduct a hearing on an application for an approval hereunder at a regular meeting of the Borough Council within 60 days of submission of the completed application. A notice of such hearing shall be published at least once in the official newspaper of the Borough at least five days prior to the date of the hearing. The Borough Council may, after considering the application, causing due investigation, and after giving due regard to the recommendations of the Chief of Police, Fire Chief, Fire Official, Board of Health and Code Enforcement Officer and Construction Official, issue the approval requested upon such terms and conditions as it deems necessary and proper to ensure the health, safety, and welfare of the citizens of the Borough of Point Pleasant Beach.
An approval may be revoked by the Borough Council upon 12 hours' notice to the applicant where it appears that:
a. 
The application is materially false or purposely misleading.
b. 
The number of persons attending the assembly is unexpectedly greater by 50% than the number initially projected and the applicant is unable to deposit sufficient monies to insure adequate police protection or is unable, by reason of such increase, to provide proportionally greater sanitary, water, food, and other health facilities.
c. 
New or substantially changed conditions have arisen so as to imperil or materially endanger the public health, morals, safety or welfare.
d. 
Notwithstanding the above, an approval may be revoked at any time after 24 hours prior to the event, and at any time during such event, where it appears that the public health, morals, safety, or welfare are being endangered, where it appears that numerous acts of criminality, disorderly conduct, juvenile delinquency, violations of the controlled dangerous substance act of the State of New Jersey are occurring, or where nuisances substantially impairing the comfort or welfare of the Borough are occurring. Where such circumstances appear, an approval shall be revoked in the following manner:
1. 
By a majority of a quorum of the Borough Council.
2. 
If a quorum of the Borough Council cannot reasonably be convened, then by the Mayor.
3. 
In the absence of the Mayor, by his designee appointed for this purpose.
4. 
In the absence of the foregoing, by the Chief of Police or his designee.
In the event of revocation under this subsection, the approval fee and cash deposit, to the extent the latter is billed, used, or required, shall not be returned to the applicant.
The following fees related to above-base services shall be applicable for special events:
a. 
If the bandshell area, gazebo or Borough Hall public meeting room is used, there shall be a usage fee of $50 per hour of requested use.
b. 
If the Boardwalk is used for a walk, raffle table or any other approved use, there shall be a $50 application fee.
c. 
For use of streets, there shall be a $25 application fee for each street utilized.
d. 
Law enforcement services. Any event that requires dedicated law enforcement services in excess of the regularly scheduled shift shall be charged for the above-base service required of each additional officer at the current published off-duty rate and current established rate for K-9 services.
e. 
Public works. The following fees will be due for public works above-base services, including, but not limited to, the cost of providing trash receptacles, barricades, pre-event maintenance and trash removal; said fees are based upon the anticipated attendance as set forth in the application.
1. 
200 to 1,000 people: $150.
2. 
1,001 to 2,500 people: $250.
3. 
2,501 to 5,000 people: $500.
4. 
5,001 to 7,500 people: $750.
5. 
7,501 to 10,000 people: $1,000.
6. 
10,000 or more people + fee to be based on services required: minimum fee of $2,500.
f. 
Payment of fees. All application fees will be due and payable upon submission of the completed application. All other fees that cannot be computed prior to the event shall be due within 10 business days after the completion of the event.
g. 
Additional approvals. Any applicant/vendor that provides cooking or heating equipment or erects tents in connection with the special event shall obtain a permit from the Bureau of Fire Safety.
h. 
Exemptions. Exemptions from the above fees may be granted by the governing body as provided for in this section.
a. 
Violations of this section shall be grounds for revocation of the special event approval. Upon such revocation, all activities associated with the event shall be immediately terminated.
b. 
Any person who violates any subsection of this section for sponsoring a special event determined to be a public health or safety hazard, or for failure to obtain an approval, shall be subject to the penalties set forth in the Borough Code. Each day's continued violation shall constitute a separate offense.
c. 
Nothing provided herein shall be deemed or construed to limit the authority or ability of the Borough to seek civil injunctions to prohibit violations of this section or any other lawful remedy, in addition to the criminal penalties set forth in this subsection.
Application usage fees are to be placed in a dedicated fund that will be used for the maintenance and improvements to the bandshell area and parks within the Borough of Point Pleasant Beach. The fees for police service and public works are intended to be used to offset costs to those departments.
a. 
The uncontrolled placement of newsracks in public rights-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services.
b. 
Newsracks so located cause an inconvenience or danger to persons using public rights-of-way, and unsightly newsracks located therein, constitute public nuisances.
c. 
The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health and general welfare of persons in the Borough of Point Pleasant Beach in their use of public rights-of-way.
DISTRIBUTOR
shall mean the person responsible for placing and maintaining a newsrack in a public right-of-way.
NEWSRACK
shall mean any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display and sale of newspapers or other news periodicals.
PARKWAY
shall mean that area between the sidewalks and the curb of any street, and where there is no sidewalk that area between§ the edge of the roadway and property line adjacent thereto. Parkway shall also include any area within a roadway which is not open to vehicular travel.
ROADWAY
shall mean that portion of a street improved, designed, or ordinarily used for vehicular travel.
SIDEWALK
shall mean any surface provided for the exclusive use of pedestrians.
STREET
shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
It shall be unlawful for any person, firm, or corporation to erect, place, maintain or operate, on any public street or sidewalk, or in any other public way or place, in the Borough any newsrack without first having obtained a permit from the Borough licensing department specifying the exact location of such rack(s). One permit may be issued to include any number of newsracks, and shall be signed by the applicant.
Application for such permit shall be made, in writing, to the Borough licensing department upon such form as shall be provided by it, and shall contain the name and address of the applicant, the proposed specific location of said newsrack, and shall be signed by the applicant.
a. 
As an express condition of the acceptance of such permit, the permittee thereby agrees to indemnify and save harmless the Borough, its officers, directors, and employees against any loss or liability or damage, including expenses and costs for bodily or personal injury, and for property damage sustained by any person as the result of the installation, use or maintenance of a newsrack within the Borough.
b. 
Permits shall be issued for the installation of a newsrack or newsracks without prior inspection of the location but such newsrack or newsracks and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this section and such reasonable rules and regulations as may be established by the Borough licensing department. Permits shall be issued within 24 hours after the application has been filed. An annual permit fee of twenty-five ($25.00) dollars for the first newsrack and twenty ($20.00) dollars for each additional newsrack is required.
c. 
Such permits shall be valid for one year and shall be renewable pursuant to the procedure for original applications referred to in Subsection 3-26.4 and upon payment of the above required permit fee.
Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway, shall comply with the following standards:
a. 
No newsrack shall exceed four feet in height, 30 inches in width, or two feet in thickness.
b. 
No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale, or purchase of the newspaper or news periodical sold therein.
c. 
Each newsrack shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event he is unable to receive the publication paid for. The coin-return mechanisms shall be maintained in good working order.
d. 
Each newsrack shall have affixed to it in a readily visible place so as to be seen by anyone using the newsrack a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin-return mechanism.
e. 
Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newsrack shall be serviced and maintained so that:
1. 
It is reasonably free of dirt and grease.
2. 
It is reasonably free of chipped, faded, peeling, and cracked paint in the visible painted areas thereof.
3. 
It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon.
4. 
The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration.
5. 
The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading. A
6. 
The structural parts thereof are not broken or unduly misshapen.
Any newsrack which rests in whole or in part upon, or on any portion of a public right-of-way or which projects onto, into, or over any part of a public right-of-way shall be located in accordance with the provisions of this section:
a. 
No newsrack shall be used or maintained which projects onto, into, or over any part of the roadway of any public street, or which rests wholly or in part upon, along, or over any portion of the roadway of any public street.
b. 
No newsrack shall be permitted to rest upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally marked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location.
c. 
No newsrack shall be chained, bolted, anchored to the ground or otherwise attached to any fixture located in the public right-of-way, except to other newsracks.
d. 
Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than eight feet along a curb, and a space of not less than three feet shall separate each group of newsracks.
e. 
No newsrack shall be placed, installed, used or maintained:
1. 
Within five feet of any marked crosswalk.
2. 
Within 12 feet of the curb return of any unmarked crosswalk.
3. 
Within ten feet of any fire hydrant, fire call box, police call box or other emergency facility.
4. 
Within five feet of any driveway.
5. 
Within three feet ahead or 15 feet to the rear of any sign marking a designated bus stop.
6. 
Within three feet of the outer end of any bus bench.
7. 
At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet.
8. 
Within three feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping.
9. 
Within 100 feet of any other newsrack on the same side of the street in the same block containing the same issue or edition of the same publication.
[Ord. #1988-2, § 1]
The purpose of this section is to implement the provisions of P.L. 1987, Chapter 174 to require any individual license or permit holder owning real property to bring up-to-date any overdue real property taxes in order to receive the reissuance of a license or permit. Additionally, this section shall provide for the revocation of any license or permit in accordance with the provisions of said Chapter 174.
[Ord. #1988-2, § 2]
Prior to the issuance or renewal of any license or permit as set forth in Chapters V, VI, VII, VIII and XIII of the Code of the Borough of Point Pleasant Beach the applicant, if he is the owner of the real property where the business or activity for which the license or permit is sought or wherein the business or activity is to be conducted shall be required to pay any and all delinquent real estate taxes upon said property.
[Ord. #1988-2, § 3]
The owner of said real property upon which said business or activity is located shall have his or her license or permit revoked in the event that said individual, corporation or partnership has failed to pay the taxes due on the property for at least three consecutive quarters. Upon payment of the delinquent taxes or assessments, the license or permit shall be restored.
[Ord. #1988-2, § 4]
This section shall not apply to New Jersey alcoholic beverage licenses or permits issued pursuant to the "Alcoholic Beverage Control Act", R.S.33:1-1 et seq.
Editor's Note: Section 5-15, Religious Solicitation in the Boardwalk and Ocean Avenue Area, containing portions of Ordinance No. 1990-21, was deleted in entirety by Ordinance No. 2015-02.
[Ord. #1993-8, § 1; Ord. #1998-2, § 1]
The purpose of the within section is to require certain minimum regulation requirements for tattoo and body piercing businesses located within the Borough of Point Pleasant Beach as they apply to the record keeping and minimum age requirements.
[Ord. #1993-8, § 2; Ord. #1998-2, § 1]
a. 
"Tattoo" or "tattooing" shall mean any placement or injection by means of a penetrating instrument, or in any other manner of chemicals, substances, dyes or other material upon or beneath the surface of the skin of a human being for the purpose of marking, decoration or other permanent alteration of the appearance of the skin surface.
b. 
"Body piercing" shall mean the purposeful puncturing of the skin of any human body part, for the purpose of permanently or temporarily inserting a ring or other ornamentation. The term "body piercing" shall include, but not be limited to the piercing of ears, eye brows, noses, lips, navels, tongues or any other body part.
[Ord. #1993-8, § 3; Ord. #1998-2, § 1]
It shall be a violation of the within section for anyone or any tattooing or body piercing business to tattoo or body pierce an individual under the age of 18 years except as provided in section 5-16.4 of this section. Said establishment shall be responsible to review two types of identification proving an individual to be at least 18 years of age. Said proofs shall include at least one that is a photo identification and it shall be the responsibility of the proprietor to photocopy and maintain said submitted proofs for a period of three years together with the following information concerning all tattoo or body piercing:
a. 
The date of the tattooing or body piercing;
b. 
The name, address and sex of the person tattooed or pierced;
c. 
The name and address of the person performing the tattoo operation or body piercing;
d. 
The design, color or colors and location on the body of the tattoo or the location of the piercing;
e. 
The dye or substance used in marking the skin, or the type of ring or other ornamentation inserted into the pierced area;
f. 
The method of tattooing or piercing used.
If the person to be tattooed or to be pierced is a minor under the age of 18 years, then it shall be required that the parent or guardian sign a consent to said tattooing or piercing operation. The proprietor shall be responsible to keep photocopies of at least two forms of identification identifying the individual as the parent or a court order identifying the person as the guardian before allowing the minor to be tattooed or pierced. Said records shall be kept for a period of three years as hereinabove described and all of the other information required by section 5-16.3 shall additionally be supplied.
No person or operator of any establishment or other place where tattooing or body piercing is performed shall state, represent, warrant or imply to customers, potential customers, or the public at large, that the tattooing or body piercing establishment is endorsed or its operation approved by the Borough of Point Pleasant Beach.
Tattooing or body piercing establishments shall be responsible for the proper sterilization and disposal of tattoo and body piercing needles and any associated medical wastes in accordance with any and all applicable county, state or federal regulations.
The purpose of the within section is to adopt specific regulations pertaining to outdoor flea markets within the Borough of Point Pleasant Beach.
a. 
"Flea market" shall mean an arrangement of outdoor vendors upon public property with consent of the governing body for a period of time not to exceed two days. Additionally, the only items to be sold at said market include used merchandise, handcrafted items and antiques.
Upon receiving approval from the governing body, the sponsor shall be required to obtain an application from each participating vendor. Said application must include a list of all items to be sold by each vendor. Sponsor will maintain applications and have available the day of the event.
It shall be the responsibility of the applicant/licensee for the flea market to follow the rules established herein. Failure of the applicant or licensee to follow said regulations shall result in revocation, future disqualification or penalty as provided in Subsections 5-8.4 through 5-8.6 of the Borough Code.
The purpose and intent of this section is to allow portions of the public sidewalks in front of eating establishments to be used for sidewalk dining subject to issuance of an outdoor sidewalk cafe license and strict compliance with all conditions set forth herein. This limited authorization to use the public sidewalks is intended to advance the public purposes of stimulating economic activity and providing amenities in the business districts of the Borough of Point Pleasant Beach, and such authorization shall be solely in the nature of a revocable license which shall not be deemed to vest licensees with any property interest or other rights in the public sidewalks.
No person shall engage in or allow sidewalk dining on any public sidewalk without having first obtained a sidewalk dining license.
a. 
No outdoor sidewalk cafe license shall be issued unless the licensee shall have first filed with the municipal clerk a certificate of insurance, issued by a company duly authorized to transact business under the laws of the State of New Jersey, providing for the payment of not less than five hundred thousand ($500,000.00) dollars to satisfy all claims for damage by reason of bodily injuries to or the death of any person as a direct or indirect result of the operation of the outdoor sidewalk cafe or for injury to any person occurring on the space occupied by such cafe, and further providing for the payment of not less than ten thousand ($10,000.00) dollars to satisfy all claims for property damage occurring as a direct or indirect result of the operation of such cafe.
b. 
The insurance policy shall provide that the insurance company shall notify the Borough of Point Pleasant Beach ten days prior to cancellation or substantial change in coverage.
No outdoor sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the municipal clerk an indemnification agreement pursuant to which the licensee, in further consideration of the issuance of the license, shall agree to forever defend, protect, indemnify and save harmless the Borough of Point Pleasant Beach, its officers, agents and employees from and against any and all claims, causes of action, injuries, losses, damages, expenses, fees and costs arising out of or which may arise out of the licensee's operation of such outdoor sidewalk cafe.
a. 
No outdoor sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the municipal clerk a maintenance agreement pursuant to which the licensee shall agree, at the option of the Borough, to either repair at its sole cost and expense any damage caused to the sidewalk by the operation of the cafe or to reimburse the Borough for all costs and expenses incurred by it in making any such repairs.
b. 
In the event of damage to the sidewalk caused by operation of the sidewalk cafe, the municipal clerk may require a bond to be filed by the licensee in an amount to be fixed by the Borough, prior to the next annual renewal of said sidewalk cafe license.
An application, sworn to by the applicant, for a sidewalk dining license shall be filed annually with the Borough Clerk on forms supplied by the clerk. The forms shall require the following information and such additional information as deemed necessary:
a. 
The name of the applicant, and the address.
b. 
The name and address of the eating establishment where sidewalk dining is to be maintained.
c. 
Consent of the owner of the premises, if other than the applicant.
d. 
A check payable to the Borough of Point Pleasant Beach in the amount of the license fee.
e. 
A layout plan which must include the following:
1. 
A description of the proposed design and location of the outdoor sidewalk cafe and all temporary structures, equipment and apparatus to be used in connection with its operation, including tables, chairs, planters, awnings, lighting and electrical outlets (if any).
2. 
A statement of seating capacity of the proposed outdoor sidewalk cafe and of the existing restaurant actually operated by the applicant in the adjacent building.
3. 
A diagram demonstrating that pedestrian traffic along the sidewalk upon which the outdoor sidewalk cafe is proposed to be located will in no way be impeded, and that the provisions of this chapter shall be satisfied.
4. 
A description of the proposed location of the outdoor sidewalk cafe showing the actual dimensions of the area to be utilized and the building, street and sidewalk upon which it fronts and on which it is to be located, including the area of frontage and distance from the facade to the curb.
a. 
The municipal clerk shall refer the layout plan to the construction official, chief of police, the code enforcement official and the building committee of the Borough council for their review and comment. All such review and comment shall be completed within 15 business days after receipt of the plan.
b. 
The Borough administrator shall, after review of the plan and receipt of the comments from the municipal officials, either approve or deny the application.
c. 
The administrator's decision on the license application shall be deemed the final action of the Borough.
The annual license fee for each and every premises on which sidewalk dining is conducted shall be one hundred ($100.00) dollars. This license fee shall be in addition to any other licenses that the premises requires, including, but not limited to, a mercantile license.
a. 
A sidewalk dining license shall be valid only for the period of May 1 through October 31 of a given year, and a new license must be obtained for each year. Licenses may be renewed annually by the filing of an application in accordance with the provisions of this chapter.
b. 
A sidewalk dining license may not be transferred.
c. 
The license shall be displayed in a conspicuous place on the premises prior to the use of the premises for sidewalk dining.
[Ord. No. 1999-05, § 1]
The conduct of sidewalk dining pursuant to a license issued under this section shall be subject to all of the following restrictions and requirements:
a. 
Public sidewalk dining may be conducted in the general commercial (GC), marine commercial (MC), or highway commercial (HC) districts as designated on the Point Pleasant Beach Zoning Map, and shall be operated and maintained in accordance with the layout plan as approved.
b. 
The sidewalk dining area must not inhibit pedestrian traffic on public sidewalks, and an area must be open and unobstructed for pedestrian traffic. No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor sidewalk cafe shall be located in such a way that less than four feet of paved sidewalk remains for the exclusive use of pedestrians (the required pedestrian passageway), nor shall any such furniture, apparatus, decoration or appurtenance project or protrude into, on or above the required pedestrian passageway.
c. 
Nothing shall be placed in an alleyway or walkway or set up tables in such a manner as to block any alleyways or walkways or any building entrance/egress. It shall be unlawful to obstruct or reduce in any manner the clear width of any exit discharge passageway, as determined by the clear width opening of the entrance/egress door(s). The passageway shall be as straight as possible leading directly to the street.
d. 
The only items permitted are tables, chairs, umbrellas and/or awnings, lighting, plants or other decoration and containers for the disposal of recyclable cans/bottles and garbage.
e. 
No table, umbrella or other item shall be placed in such a manner as to block any municipal signs, receptacles for garbage, public benches or other public amenity, including fire hydrants.
f. 
The licensee must provide for the disposal of recyclable cans/bottles and garbage. Public receptacles for garbage shall not be used. Sidewalk areas shall be kept clean during hours of operation. Trash receptacles shall be provided as required. Litter shall not be permitted on adjoining sidewalks or property.
g. 
Service in the outdoor sidewalk cafe shall be provided by persons engaged or employed for that purpose and shall be furnished to seated patrons only. All customers must be seated throughout their meal and the licensee shall be prohibited from serving drivers or passengers of vehicles.
h. 
Licensees are prohibited from using public utility hookups.
i. 
All sound systems are prohibited. Noise shall be kept at such a level as to comply in all respects with the provisions of the code of the Borough of Point Pleasant Beach.
j. 
All food preparation shall be in the regular kitchen area of the restaurant, not outside and shall be done in compliance with all the requirements of N.J.A.C. 8:24-1 et seq. (also known as Chapter XII of the New Jersey State Sanitary Code) and N.J.S.A. 24:15-1 et seq.
k. 
The placement of outdoor tables shall be limited to the area immediately in front of existing and/or properly approved restaurants, cafes or eating establishments. The outdoor sidewalk cafe shall be actually operated and maintained by the same person who operates and maintains the related restaurant of which the cafe is a part and an extension. No portion of any sidewalk dining equipment, including chairs, tables and opened umbrellas, shall encroach upon the sidewalk area in a manner to block, impede or cover adjacent store fronts, doors or windows in front of other business establishments.
l. 
Reserved.
m. 
Sidewalk dining may commence May 1 and may continue through October 31. Permissible hours of operation shall be from 7:00 a.m. to 10:00 p.m., with the last meal being served no later than 10:00 p.m. Within one hour after the closing of the outdoor sidewalk cafe, the operator shall have all furniture, apparatus, decoration and appurtenances and any other items used in connection with the operation of such outdoor sidewalk cafe removed from the sidewalk. All such materials shall be stored in a safe and secure interior location.
n. 
No alcohol service or consumption is permitted.
o. 
The Borough retains the right to temporarily suspend a sidewalk dining license to allow for construction activity, utility repairs, special events or for other reason as deemed appropriate by the Borough council, with reasonable advance notice to be given to affected licensees.
p. 
The operator shall comply with all other ordinances of the Borough of Point Pleasant Beach. Failure to comply with any Borough ordinance may result in suspension or revocation of the sidewalk cafe license.
[Ord. No. 1999-05, § 1]
Any license may be suspended or revoked for good cause by the Borough council, including but not limited to a misrepresentation of the information supplied in the application, the conviction of a crime, a violation of any ordinance, statute or government regulation or a violation of this section.
[Ord. No. 1999-05, § 1]
The Borough Clerk shall be responsible for licensing and the collection of fees. This chapter shall otherwise be enforced by the zoning officer, Point Pleasant Beach Police Department and the board of health, as to the sanitary code.
[Ord. No. 1999-05, § 1]
a. 
Upon a determination by an officer or employee of the Borough of Point Pleasant Beach charged with the responsibility for enforcing the provisions of this section that a licensee has violated one or more of such provisions, such officer or employee shall give written notice to the licensee to correct such violation within 24 hours of the receipt of such notice by the licensee. In the event that the licensee fails or refuses to correct such violation within such period, the licensee's outdoor sidewalk cafe license shall thereupon and automatically be revoked. In the event that a licensee receives three violation notices during a single license period, the outdoor sidewalk cafe license shall be thereupon automatically revoked.
b. 
Upon the revocation of such license, the licensee upon written request, shall be entitled to a hearing before the Borough council of the Borough of Point Pleasant Beach within 14 days of the date of its request.
[Ord. No. 1999-05, § 1; amended 8-15-2023 by Ord. No. 2023-11]
Any violation of the provisions of this section shall be punishable as provided in Chapter 3, Section 3-15, Penalty.
[Ord. No. 2003-03; Ord. No. 2008-19, Ord. No. 2009-36; reserved by Ord. No. 2013-47]
Editor's Note: Former Section 15-19 (5-19.1—5-19.6) Special Event Approval was deleted by Ordinance No. 2013-47. See Section 5-12 for Special Events.
a. 
The Municipal Council of the Borough of Point Pleasant Beach recognizes that the filming of motion pictures within the Borough of Point Pleasant Beach has been increasing and will continue to increase in the future.
b. 
The production of motion pictures within the Borough of Point Pleasant Beach requires various regulations to preserve the general health, safety and welfare of the Borough of Point Pleasant Beach inhabitants; in addition, the imposition of various fees is required to offset administrative costs incurred in processing permit applications and conducting the requisite inspections. The Borough of Point Pleasant Beach hereby amends Chapter V of the Code of the Borough of Point Pleasant Beach to establish fees and regulations governing motion picture filming.
As used in this section, the following terms shall have the meanings indicated:
a. 
Filming shall mean the taking of still or motion picture either on film, videotape or other recording medium, for commercial or educational purposes, intended for viewing on television, in theaters in print or for institutional use. The provisions of this chapter shall not be deemed to include the filming of news stories within the Borough of Point Pleasant Beach.
b. 
Public lands shall mean any and every public street, highway sidewalk, square, public park or playground or any other public place that is within the jurisdiction and control of the Borough of Point Pleasant Beach. Incidental use of public land that is of minimal impact and does not result in a closing of same to public use shall not be considered filming on public land.
c. 
Private property shall mean any and all property that is not a public street, highway, sidewalk, square, public park or playground, or other public place within the Borough of Point Pleasant Beach, but is owned by or assessed to a private person or entity.
d. 
Major motion picture shall mean means any film for which the budget is at least five million ($5,000,000.00) dollars or any film which is financed and/or distributed by a major motion picture studio, including but not limited to any of the following: Universal Pictures, Warner Brothers (including New Line Cinema, Castle Rock Cinema and Turner Production Company), Paramount, 20th Century Fox, Columbia/TriStar, Disney, MGM-United Artists, or any successor-in-interest to any of the foregoing major motion picture studios.
a. 
No person or organization shall film or permit filming on public or private property within the Borough of Point Pleasant Beach without first having completed an application and obtained a permit from the administrator, which will be issued at the Office of the Administrator, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey 08742, or other designated location. The permit shall, whenever possible, set forth the approved location of such filming, the approved duration of such filming by specific reference to day or dates and all conditions placed upon the permitted activities. Said permit must be readily available for inspection, by city officials at all times at the site of the filming.
b. 
All permits shall be applied for and obtained from the administrator or designee at the office of the administrator or other designated location during normal business hours. All applications for such permits shall be accompanied by a permit fee in the amount established by this chapter.
c. 
If a permit is issued and due to inclement weather or other good cause, filming does not in fact take place on the dates specified, the mayor or his designee, at the request of the applicant, may issue a new permit for filming on other dates, subject to full compliance with all other provisions of this chapter. No additional fee shall be paid for this permit.
Applications shall be obtained from and submitted to the administrator or his designee in person at the office of the administrator or other designated location or by mail and must contain at least the following information:
1. 
The name, address and telephone number of the applicant. The applicant is the person or entity seeking a film permit.
2. 
The name, address and telephone number of the individual submitting an application for a film permit on behalf of the applicant and his/her relationship to the applicant.
3. 
The location of the property where filming is to take place.
4. 
Whether the individual submitting the application is owner or tenant in possession of the property.
5. 
The name and address of the owner of the property if the individual submitting the application is not the owner.
6. 
Written consent from the owner if the individual submitting the application is not the owner.
7. 
The date(s) and hour(s) filming are to take place.
8. 
The dates within the previous 12 months that any filming, as described in Subsection 5-20.2 above, was conducted at this location.
9. 
A signed statement that the applicant affirms, under penalty of perjury, that all statements contained in the application are true.
a. 
No permits shall be issued by the administrator unless applied for at least seven days before the requested shooting date; provided, however, that the administrator or his designee may waive the seven day period, if in his/her judgment, the applicant has obtained all related approvals and adjacent property owners or tenants do not need to be notified.
b. 
No permit shall be issued for filming upon public lands, unless the applicant provides the Borough of Point Pleasant Beach with the following:
1. 
A certificate of insurance naming the Borough of Point Pleasant Beach as an Additional Insured and providing coverage as follows:
(a) 
For bodily injury to any one (1) person in the amount of at least one million ($1,000,000.00) dollars and any occurrence in the aggregate amount of at least one million ($1,000,000.00) dollars.
(b) 
For property damage, each occurrence in the aggregate amount of at least one million ($1,000,000.00) dollars.
(c) 
Workers' compensation insurance in at least an amount equal to the statutory limits required by the State of New Jersey.
2. 
An agreement in writing whereby the applicant agrees to indemnify and save harmless the Borough of Point Pleasant Beach from any and all liability, expense, claim or damage resulting from the use of public lands and private property, including but not limited to the Borough's issuance of a permit to film pursuant to this chapter.
3. 
In the case of a permit to film on private property, the applicant must provide a certificate of insurance pursuant to the preceding paragraph b1, in at least the amounts stated in the paragraphs b1(a), (b) and (c), that also name the property owner as an additional insured.
4. 
The hiring of Borough of Point Pleasant Beach police officers, firefighters and emergency medical technicians (EMT) for the times indicated on the permit, when deemed necessary by the administrator in consultation with the police chief or his designee.
5. 
The posting of a security deposit of at least one thousand ($1,000.00) dollars cash or certified check or a maintenance bond of at least two thousand ($2,000.00) dollars running in favor of the Borough of Point Pleasant Beach and protecting and insuring that the location utilized will be after filming, in a satisfactory condition, free of debris, rubbish and equipment, and that due observation of all city ordinances, laws and regulations will be followed. Within seven days of the completion of the filming, the Borough will return the bond if there has been no damage to public property or public expense caused by the filming. The administrator may increase the amount of security deposit or bond if deemed necessary.
c. 
The holder of the permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the Borough of Point Pleasant Beach Police Department or other department or agency with respect thereto.
d. 
The holder of a permit shall conduct filming in such a manner so as to minimize the inconvenience or discomfort to adjoining property owners attributable to such filming and shall, to the extent practicable, abate noise and park vehicles associated with such filming off the public streets. The holder shall avoid any interference with previously scheduled activities or with normal activity on such public lands.
e. 
Where the applicant's production activity, by reason of location or otherwise, will directly involve and/or affect any businesses, merchants or residents, the applicant shall give these parties written notice of the filming at least seven days prior to the requested shooting dates(s). Such written notice shall inform the affected parties that objections may be filed with the administrator. All objections will form a part of the applicant's application and be considered in the review of same.
Production activity is deemed to directly involve and/or affect a business or merchant, when such production activity is likely to have a negative pecuniary affect on the business in that it will impede the flow of pedestrian traffic on the Borough block on which the business premises is located, prevent persons from parking on the street adjacent to the Borough block on which the business premises is located, provided such parking is otherwise permitted by law, or in any way obstruct, interrupt or prevent access to and from the business premises by persons on foot or in a motor vehicle.
Production activity is deemed to directly involve and/or affect a resident, when such production activity shall interfere with the resident's right of quiet enjoyment to the property.
Affected businesses, merchants and residents are all those businesses, merchants and residents whose premises are located on the Borough block(s) encompassing the area(s) for which the applicant seeks a permit to film. A Borough block consists of the linear area located between the cross-streets found at either end of the linear area. The area of affected businesses and merchants may be expanded by the administrator in consultation with the police chief or his designee if he/she should determine that the production activity is likely to affect businesses merchants and/or residents located in a larger area than the area provided for pursuant to this paragraph.
f. 
The administrator will make every effort to work with residents to minimize the inconvenience caused by filming in residential areas and will require the applicant to give affected residents at least seven days notice of parking restrictions, night shooting or other inconveniences. All filming must be completed within one-half hour after sunset. Any night shooting must be approved by the administrator or his designee. Night shooting is defined as all filming occurring in residential (RR-1, RR-2, RR-3, LR, SF-5, HR zone) neighborhoods one-half hour after sunset.
g. 
The administrator may refuse to issue a permit whenever he/she determines, on the basis of objective facts and after a review of the application and a report thereon by the police department and/or by other Borough agencies involved with the proposed filming site, that filming at the location and/or the time set forth in the application would violate any law or ordinance or would unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare. Further, the city reserves the right to require on-site Borough of Point Pleasant Beach police officers to act as patrolmen in situations where the proposed productions may impede the proper flow of traffic, the cost of said police officers to be borne by the applicant as a cost of production. Where existing electrical power lines are to be utilized by the production, an on-site licensed electrician may be similarly required, at the cost of the applicant, if the production company does not have a licensed electrician on staff. Likewise, other Borough personnel can be required on-site, at the cost of the applicant, should it be determined that such supervision is necessary to the health, safety and welfare of the citizens of the Borough of Point Pleasant Beach.
h. 
Copies of the permit application will be sent to the police, fire, building and health departments for review prior to the issuance of a permit. The applicant shall permit the police department, fire prevention bureau or other Borough inspectors to inspect the site and the equipment to be used. The applicant shall follow all safety instructions issued by the police department, fire prevention bureau or other Borough inspectors. The administrator shall not issue a permit prior to receiving objections, conditions or approvals communicated by the police, fire, building and/or health departments.
i. 
Any persons aggrieved by a decision of the Borough administrator denying or revoking a permit or a person requesting relief pursuant to Subsection 5-20.4 may appeal to the Borough council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the administrator. An appeal from the decision of the administrator shall be filed within ten days of the administrator's decision. The council shall set the matter down for a hearing within 30 days of the day on which the notice of appeal was filed. The decision of the council shall be in the form of a resolution. A resolution supporting the decision of the council shall be adopted at the first regularly scheduled public meeting of the council after the hearing on the appeal unless the appellant agrees, in writing, to a later date for the decision. The administrator's decision shall be deemed to be reversed and a permit shall be issued in conformity with the application of the relief pursuant to Subsection 5-20.4.
j. 
The Borough council may authorize a waiver of any of the requirements or limitations of this section whenever it determines that strict compliance with such limitations will pose an unreasonable burden upon the applicant and that a permit may be issued without endangering the public's health, safety and welfare.
k. 
In addition to any other fees or costs mentioned in this section, the applicant shall reimburse the Borough for any costs or lost revenue, repairs to public property, or other revenues that the Borough was prevented from earning because of the filming.
The schedule of fees for the issuance of permits, authorized by this chapter, are as follows:
a. 
A daily filming permit of (i) one thousand ($1,000.00) dollars per day for applicants filming a major motion picture having a budget of five million ($5,000,000.00) dollars or more, (ii) five hundred ($500.00) dollars per day for applicants filming a motion picture having a budget of more than one million ($1,000,000.00) dollars but less than five million ($5,000,000.00) dollars, or one hundred fifty ($150.00) dollars per day for all other applicants except nonprofit organizations filming exclusively for educational purposes, which organizations shall be required to pay daily filming permit fee of twenty-five ($25.00) dollars per day.
b. 
Additional fee for filming in public buildings, public parks or other public facilities for nonprofit applicants or educational filming purposes: None.
c. 
Filming on private property: None.
a. 
Nothing in this section shall be construed to impair or limit in any way any other power of the Borough of Point Pleasant Beach to define and declare nuisances and to cause their removal or abatement.
b. 
Nothing in this section shall be construed to abrogate or impair the power of the Borough of Point Pleasant Beach or any officer or department to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred upon the Borough by any other law or ordinance.
If any sentence, subsection, clause or other portion of this section or the application thereof to any person or circumstance shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or repeal the remainder of this section.
Any person violating this section, the rules and regulations contained herein and/or the conditions imposed on any permit issued pursuant to this section, shall be subject to a fine not to exceed one thousand two hundred ($1,200.00) dollars per violation or imprisonment for a term not to exceed 90 days or both. A separate offense shall be deemed committed on every day on which a violation occurs or continues.
The municipal clerk is hereby delegated the authority to act as the "issuing authority" to approve the granting of raffle and bingo licenses.
The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:
AUTHORIZED CHARITABLE ORGANIZATION
shall mean the public schools, public school organizations, including but not limited to the Parent-Teacher Organizations, Music Parents Association and Garnet Gull Booster Association, the Point Pleasant Beach Little League and the Point Pleasant Beach volunteer First Aid Squad and Fire Companies.
CHARITABLE SOLICITATION PERMIT
shall mean a permit issued by the Department pursuant N.J.A.C. 16:401.1 et seq.
DEPARTMENT
shall mean the State Department of Transportation.
HIGHWAY
shall mean the public right-of-way whether open or improved or not, including all existing factors or improvements.
RIGHT-OF-WAY
shall mean State highway property and property rights, including easements, owned and controlled by the Department.
ROADWAY SOLICITATION PERMIT
shall mean the permit issued by the Borough of Point Pleasant Beach pursuant to this section.
SHOULDER
shall mean the portion of the roadway that lies between the edge of the traveled way and curbline, excluding auxiliary lanes.
STATE HIGHWAY
shall mean a road owned, taken over, controlled, built, maintained, or otherwise under the jurisdiction of the Department.
TRAVELED WAY
shall mean the portion of the roadway provided for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
a. 
Pursuant to N.J.S.A. 39:4-60 and N.J.A.C. 16:40-1.1, authorized charitable organizations are hereby permitted to solicit contributions in the right-of-way of a highway located within the Borough, subject to the provisions and restrictions contained in this section.
b. 
The within authorization is subject to the regulations promulgated by the Department in consultation with the Division of Highway Traffic Safety, as set forth in N.J.A.C. 16:40-1.1 to 11.1.
c. 
Under no circumstances may an authorized charitable organization conduct a roadway charitable solicitation without first having obtained a permit from the chief of police.
a. 
An authorized charitable organization seeking issuance of a roadway solicitation permit shall file an application with the chief of police on forms provided by the chief of police.
1. 
An application for a roadway solicitation permit shall be filed with the chief of police not less than seven days before the date upon which it is proposed to conduct such roadway solicitation.
2. 
Contents of roadway solicitation permit. The application for a roadway solicitation permit shall set forth the following information:
(a) 
Name, address and telephone number of the authorized charitable organization seeking to conduct a roadway charitable solicitation.
(b) 
Date and times upon which roadway solicitation is proposed.
(c) 
Method of roadway charitable solicitation (i.e., coin toss using blankets).
(d) 
Specific location or locations of proposed roadway charitable solicitation.
(e) 
Contact person for the authorized charitable organization.
(f) 
Names of the persons (solicitors) conducting the roadway charitable solicitations on behalf of the authorized charitable organization at each proposed location.
(g) 
Any additional information which the chief of police shall find reasonably necessary for the fair determination as to whether a permit should be issued.
b. 
If the proposed roadway charitable solicitation is to be conducted upon any county highway or intersection, the authorized charitable organization must submit evidence of approval by the Ocean County Board of Freeholders pursuant to N.J.S.A. 39:4-60.
c. 
If the proposed charitable solicitation is to be conducted upon any State highway or intersection, the authorized charitable organization must submit evidence of approval in the form of a charitable solicitation permit received from the Department under N.J.A.C. 16:40-1.1 et seq.
1. 
The chief of police is hereby authorized to sign the charitable solicitation permit on behalf of the Borough.
2. 
The chief of police has been consulted and shall be responsible for supervising the solicitation and enforcing the terms of the charitable solicitation permit.
3. 
The roadway solicitation permit issued by the Borough and the charitable solicitation permit issued by the Department shall be in the possession of the solicitor for the authorized charitable organization during all times of solicitation and be available for inspection by the State, county and Point Pleasant Beach police enforcement personnel.
a. 
Solicitation of contributions is prohibited along traffic circles or highway segments determined to be inappropriate in the interest of public safety.
b. 
Solicitation is permitted only at signalized intersections or when the existing traffic control device causes temporary interruption in the flow of normal traffic, such as at the opening of a movable bridge.
c. 
Borough police may suspend solicitation operations at any time if any condition of either permit is violated or if, in a police officer's sole discretion, traffic is being impeded or delayed or the public safety is at risk.
d. 
Solicitation shall be subject to the specific terms and conditions of each permit granted.
e. 
Solicitation shall not stop traffic or impede the flow of traffic. Traffic shall already be stopped before solicitation may occur and shall cease while traffic is moving. Use of a flagperson shall be prohibited.
f. 
The authorized charitable organization shall be responsible for cleaning up any debris from the roadway.
g. 
Solicitation shall only be permitted during daylight hours.
h. 
Solicitors shall not drink alcoholic beverages, use drugs, or be under the influence of drugs or alcohol when soliciting. Solicitors shall not harass the public.
i. 
Each person soliciting charitable contributions on behalf of the authorized charitable organization shall be at least 18 years of age.
a. 
All solicitors shall wear safety vests that are in accordance with Department standards.
b. 
Parking of vehicles shall comply with applicable traffic regulations. Off-site parking is recommended.
c. 
Coin tosses using blankets located off the traveled way are the preferred method of solicitation.
d. 
The solicitors shall not install any traffic control devices.
a. 
Signs advertising the roadway solicitation are permitted but they must be of temporary construction and break-away to the extent possible.
b. 
Signage shall be a maximum of 16 square feet.
c. 
Signage shall be in accordance with the temporary signage standards contained in the Manual on Uniform Traffic Control Devices.
d. 
At least two warning signs shall be placed as follows:
1. 
CHARITABLE SOLICITATION 500 FEET AHEAD"; and
2. 
A second sign following identifying the name of the organization soliciting.
e. 
Signs shall not be permitted in the traveled way or medians less than eight feet in width.
f. 
All signs warning, noticing or advertising solicitations shall be removed immediately following the solicitation event.
[Amended 8-15-2023 by Ord. No. 2023-11]
Any violation of the provisions of this section shall be punishable as provided in Chapter 3, Section 3-15, Penalty.
LEGALLY EXISTING NONCONFORMING USE
shall mean any pet store or pet store operator that displayed, sold, delivered, offered for sale, or otherwise disposed of cats or dogs in the Borough of Point Pleasant Beach prior to October 12, 2012.
PET STORE
shall mean a retail establishment open to the public and engaging in the business of selling animals at retail. Any person who sells, exchanges, or otherwise transfers only animals that were bred or raised, or both, by the person, or sells or otherwise transfers only animals kept primarily for reproduction, shall be considered a breeder and not a pet store.
PET STORE OPERATOR
shall mean a person who owns or operates a pet store, or both.
No pet store operator or pet store shall sell, deliver, offer for sale, barter, auction or otherwise improperly dispose of cats, dogs or other mammals, other than hamsters, guinea pigs, mice, rabbits, gerbils, rats and ferrets in the Borough of Point Pleasant Beach. This section shall not apply to legally existing nonconforming uses or to the adoption of cats or dogs, or both. Nothing contained herein shall prohibit a shelter, pound or other establishment from keeping, displaying, selling or otherwise transferring any cat or dog, or both, that has been seized, rescued or donated.
[Added 3-5-2024 by Ord. No. 2024-01]
a. 
The purpose of this section is to:
1. 
Implement, within the jurisdictional boundaries of the Borough of Point Pleasant Beach and establish procedures pursuant to the New Jersey Pawn broking law (N.J.S.A. 45:22-2 et seq.);
2. 
Establish procedures for the licensing and operation of pawnbrokers and dealers of secondhand goods, through the implementation of a standard body of uniform policies and recordkeeping requirements to which each business governed by this Chapter shall abide;
3. 
Facilitate the prevention of fraud, impositions and other abuses upon citizens of the Borough of Point Pleasant Beach; and
4. 
Ensure the difficulty of disposing of stolen property and aid in the recovery of stolen property.
b. 
No person shall use, exercise or carry on the business, trade or occupation of buying scrap gold, old gold, silver, jewelry, home electronics/audio and visual equipment, musical instruments, telephones and telephonic equipment, scales, computers, computer hardware and software, typewriters, word processors, scanners, sporting goods of all kinds, antiques, platinum, all other precious metals, tools of all kinds, televisions, digital video recorders (DVRs), GPS, camcorders, car stereos, gift cards, furniture, clothing or other valuable articles, hereinafter referred to as "secondhand goods or articles," or being a secondhand Dealer within the Borough of Point Pleasant Beach without having first obtained a license from the Borough of Point Pleasant Beach Police as hereinafter provided.
[Added 3-5-2024 by Ord. No. 2024-01]
Words used in the present tense shall include the future, words in the plural number shall include the singular number, and words in the singular number shall include the plural number. The word "shall" is always mandatory and not merely directory. As used in this section, the following terms shall have the meanings indicated:
ACCEPTABLE IDENTIFICATION
Acceptable forms of identification include: a current valid New Jersey Driver's License or Identification Card, a current valid photo driver's license issued by another US state, a valid United States Passport, or other verifiable US Government issued identification.
ANTIQUE DEALER
Any person, partnership, firm, association or corporation, other than a licensed pawnbroker or licensed secondhand dealer, having a place of business in the Borough of Point Pleasant Beach for the purpose of purchasing, trading or dealing in antiques or primitives and who derives 75% of his or her gross sales from the sale of antiques or primitives.
ANTIQUE OR ANTIQUES
One or more old and valuable art object or item no longer in production that is at least 50 years old. As used in this chapter, the terms "antique" or "antiques" shall also mean "primitives."
ARTICLE
Any article of merchandise, including any portion of such article, whether a distinct part thereof or not, including every part thereof whether separable or not, and also including material for manufacture, and as so defined in N.J.S.A. 51:6-1.
BUSINESS ENTITY
Any and all forms of business organization operating pursuant to law, including but not limited to entities designated and/or operating as a partnership, limited liability company, corporation, "S" corporation, association or firm. For purposes of this chapter, the term "business entity" includes a foreign business or business formed under the laws of another state which business is authorized by the State of New Jersey Division of Revenue to conduct business within this state and, at all times relevant to this chapter, is in good standing with the New Jersey Division of Revenue. Foreign businesses include all forms of business entity recognized in the foreign jurisdiction, including any form of business entity not otherwise recognized by the laws of the State of New Jersey, such as, without limitation, a limited liability partnership.
CHIEF OF POLICE
The Chief of Police of the Borough of Point Pleasant Beach or his designee/representative.
DATABASE
A computerized internet capable database with hardware and software compliant to, accessible by, and acceptable to the Chief of Police.
DEALER
Any person, partnership, corporation, or other entity, whether permanent or itinerant, who on one or more occasions (through any means) buys or sells or otherwise exchanges or trades secondhand gold, silver, precious metals, gems, or jewelry, and includes anyone advertising the purchase or sale of any of the aforementioned items.
DESIGNATED VENDOR
A person or entity who is appointed or designated by the Chief of Police who is authorized to collect and maintain precious metal transaction information or other purchase information as defined herein, for the Borough of Point Pleasant Beach.
GARAGE SALE
Includes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "flea market sale," "auction sale "or" yard sale" or any similar casual sale of used tangible personal property which is advertised by any means whereby the public at large is or can be made aware of the sale.
GIFT CARD
A restricted monetary equivalent or script that is issued by retailers or banks to be used as an alternative to a non-monetary gift.
LICENSEE
Any person or business entity granted a license pursuant to this chapter and/or granted a license by the Department of Banking and Insurance in accordance with the Pawn Broking Law.
MINOR
Any person under the age of 18 years.
PAWN BROKING LAW
The New Jersey statute and implementing regulations, N.J.S.A. 45:22-1, et seq. and N.J.A.C. 3:16-1.1, et seq., respectively, and any and all amendments thereto, which govern and regulate pawn shop businesses and pawnbrokers operating within the State of New Jersey.
PAWNBROKER
Any person, partnership, association or corporation lending money on deposit or pledge of personal property, other than chooses in action, securities, or printed evidences of indebtedness; purchasing personal property on condition of selling it back at a stipulated price; or doing business as furniture storage warehouseman and lending money on goods, wares, or merchandise pledged or deposited as collateral security. For purposes of this chapter, the term "pawnbroker" shall include any secondhand dealer who also operates as a pawnbroker or undertakes any action or conduct which includes the business of a pawnbroker as defined in the Pawnbroker Law.
PERSON
Any individual which is not a business entity. For purposes of this section, the term "person" shall also include an individual operating a business as a sole proprietorship.
PLEDGE
An article or articles deposited with a pawnbroker in the course of business.
PLEDGOR
A person who delivers the pledge into the possession of a pawnbroker, unless such person discloses that he is or was acting for another, and in such an event "Pledgor" means the disclosed principal.
PRECIOUS METALS
Comprised of gold, silver, sterling, platinum and/or their alloys as defined in N.J.S.A. 51:5-1 et seq., N.J.S.A. 51:6-1 et seq. and/or N.J.S.A. 51:6A-1 et seq.; gems, gemstones, coins and all forms of jewelry herein contained.
PURCHASE
Not only the exchange of money for precious metals, but the exchange or trading of any other tangible or intangible property for precious metals.
PURCHASE
The exchange of money and the exchange, deposit, pledge, sale, conveyance or trade of any tangible or intangible article.
REPORTABLE TRANSACTION
Every transaction conducted by a dealer in which precious metals, or other tangible property, are purchased or exchanged from or with the public.
SECONDHAND DEALER OR DEALER IN SECONDHAND GOODS
As used in this chapter, any person, partnership, corporation, association, joint venture, trustee, court-appointed representative or agent thereof which operates a business for profit which buys, sells, possesses on consignment for sale or trades jewelry, stamps, coins or any precious metals which may have been previously owned by a consumer-or which derives more than 35% of its gross receipts from the sale, consignment for sale, pledge or trade of any goods, wares or merchandise which have previously been owned by a consumer, including but not limited to furniture, appliances, consumer electronic goods, clothing, automobile accessories, books, magazines, athletic cards and memorabilia or precious metals, whether in bulk or manufactured state. The term "secondhand dealer" shall include businesses commonly known as "pawnbrokers," "trading posts," "swap shop operators," "stamp dealers," "coin dealers," "jewelers" and "auction houses" that purchase and resell items from persons other than dealers and suppliers. The fact that any business does any of the following acts shall be prima facie proof that said business is a secondhand dealership:
a. 
Advertises in any fashion that it buys or sells secondhand or used items. Such advertisements shall include, but are not limited to, media advertisements, telephone listings, and signs, whether on the exterior or interior of the business.
b. 
Devotes a significant segment or section of the business premises to the purchase or sale of secondhand or used items.
c. 
Secondhand Goods. Goods which have been previously owned, worn or used by a consumer and/or that are not new. For purposes of this chapter, the term "secondhand goods" shall include "secondhand watches" except where the context clearly indicates to the contrary.
d. 
Secondhand Watches. A watch shall be deemed to be second-hand if:
1. 
It as a whole or the case thereof or the movement thereof has been previously sold to or acquired by any person who bought or acquired the same for his use or the use of another, but not for resale; provided, however, that a watch which has been so sold or acquired and is thereafter returned either through an exchange or for credit to the original individual, firm, partnership, association or corporation who sold or passed title to such watch, shall not be deemed to be a second hand watch for the purposes of this chapter if such vendor shall keep a written or printed record setting forth the name of the purchaser thereof, the date of the sale or transfer thereof, and the serial number (if any) on the case and the movement, and any other distinguishing numbers or identification marks, which said record shall be kept for at least five years from the date of such sale or transfer and shall be open for inspection during all business hours by the Camden County Prosecutor or the prosecutor's duly appointed representative;
2. 
Its case, serial numbers or movement numbers or other distinguishing numbers or identification marks shall be erased, defaced, removed, altered or covered; or
3. 
If its movement is more than five years old and has been repaired by any person or persons, including the vendor, notwithstanding that it may have been returned either through an exchange or for credit to said original vendor. Cleaning and oiling a watch movement or recasting the movement in a new case shall not be deemed watch repair for the purposes of this section.
TRANSIENT BUYER
A Dealer who has not been in any retail business continuously for at least six months at that address in the municipality where the Dealer is required to register or who intends to close out or discontinue all retail business in the Borough of Point Pleasant Beach within six months, or as so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1.
[Added 3-5-2024 by Ord. No. 2024-01]
Any licensee operating as a pawnshop or pawnbroker shall comply with all applicable state and federal laws and regulations that govern the same. Specifically, businesses dealing in the purchasing of precious metals will comply with the laws outlined in N.J.S.A. 51:6A-1.
Notwithstanding anything in this Code to the contrary, except where otherwise stated in this section, the provisions of this section shall govern pawnbrokers, pawn broking activities, dealers in secondhand goods and precious metal dealers with respect to the issuance, term, renewal and effect of licenses issued pursuant to this section and the violations and penalties set forth in this section. It is the express intent of the Borough of Point Pleasant Beach that any conflict between this section and any other Chapter in the Municipal Code be resolved in favor of this section.
[Added 3-5-2024 by Ord. No. 2024-01]
No person, either as owner, manager, lessee, officer or agent, or in any other business, within the Borough of Point Pleasant Beach, shall operate or permit to operate as a pawnbroker/secondhand dealership without first having obtained a license from the Borough of Point Pleasant Beach to do so.
If an individual is deemed a pawnbroker or business deemed a pawn shop, then a license from the Commissioner of Banking and Insurance is required, pursuant to N.J.S.A. 45:22-21.
[Added 3-5-2024 by Ord. No. 2024-01]
a. 
The following are exempt from the requirements of this section:
1. 
Garage sales.
2. 
Sales conducted by governmental, civic, patriotic, fraternal, educational, religious or benevolent organizations which have been in active and continuous existence for at least one year prior to the holding of the sale or which are incorporated as a not-for-profit corporation by the state.
3. 
Sales or purchases which are regulated by the licensing laws of the state, including automobile dealers, used parts dealers and automotive parts recyclers.
4. 
Antique dealers. As used in this section, an antique dealer is defined as one who derives 75% of his or her gross sales each year from the sale of antiques and/or primitives. As used in this section, an "antique" or "primitive" is defined as an old and valuable art object or article no longer in production that is at least 50 years old. As used in this section, the term "sale" does not include an exchange, trade, or swap of items.
[Added 3-5-2024 by Ord. No. 2024-01]
a. 
An application for a license required shall be made in writing to the Borough Clerk which shall minimally set forth the following:
1. 
The name of the individual, partnership, corporation or association applying for a license;
2. 
The residence, phone number, date of birth, driver's license number, and social security number or federal tax identification number of the applicant or partners or, if a corporation or association, the residence, phone number and driver's license number of the officers and all shareholders owning more than 5% of the outstanding shares of stock;
3. 
The location for which the license is requested;
4. 
Whether the applicant, its partners, officers or listed shareholders have been convicted of any criminal offense or ordinance violation (other than traffic or parking offenses) in any jurisdiction and, if so, a list of such convictions with date and prosecuting jurisdiction; and
5. 
Whether the applicant, its partners, officers or listed shareholders have held a license or had an interest in a license issued by this or any other jurisdiction regulating the purchase or sale of secondhand property revoked for cause and, if so, list the date of revocation and jurisdiction.
b. 
In the case of a pawnbroker, the applicant's name, address, fingerprints and written consent for a criminal history record must be forwarded to the Commissioner.
[Added 3-5-2024 by Ord. No. 2024-01]
a. 
Any pawnbroker or secondhand dealer shall, before engaging in business within the Borough, apply for and secure a license to engage in, conduct, and transact such a business, the fee for which license shall be $350, in addition to the standard business license fee.
b. 
An application for the renewal of a license shall be made to the Borough Clerk on or before January 31st of each year and shall be submitted to the Borough Council for approval. The annual renewal fee shall be $350. Should the license be denied, the license fee shall be refunded to the applicant.
c. 
Following the issuance of a license, the licensee shall secure the acceptable Database Software System. Any software licensing fee shall be paid by the licensee direct to the software provider and shall not be part of and is in addition to the license fee required by the Borough.
[Added 3-5-2024 by Ord. No. 2024-01]
a. 
The Borough Clerk shall issue the license requested unless the Borough Clerk shall find:
1. 
The applicant is under the age of 18;
2. 
The location requested is not in a permanent structure;
3. 
The applicant, its partners, officers or listed shareholders have been convicted of or have pleaded guilty to any offense related to theft, burglary, or purchasing or receiving stolen items under the laws of this state, Borough, or any other jurisdiction within the past 10 years, or have forfeited a bond to appear in court to answer for charges for such offenses during said time;
4. 
That the location requested and structure to be used would not comply with all applicable laws, including the Zoning Code of the Borough;
5. 
That the applicant, its partners, officers or listed shareholders have held a license or had an interest in a license issued by the Borough or any other jurisdiction regulating the purchase or sale of secondhand property which was revoked for cause; or
6. 
That the applicant, its partners, officers or listed shareholders have knowingly furnished false or misleading information or withheld relevant information on any application for a license required by this section or any investigation into any application.
[Added 3-5-2024 by Ord. No. 2024-01]
Every license issued under the provisions of this section shall, at all times during the period for which it is effective, be posted in a conspicuous place at or near the principal entrance to the premises for which the license is issued.
[Added 3-5-2024 by Ord. No. 2024-01]
a. 
Any license issued for a secondhand dealer may be revoked or suspended for a period not to exceed 30 days by the Mayor and Council if they shall find after hearing:
1. 
That the licensee, its officers, agents or employees have violated any of the provisions of this section, the laws of this State, or Borough Ordinances in the operation of the business; or
2. 
That the licensee, its partners, officers or shareholders have been convicted of any offense set forth in this section; or
3. 
That the licensee, partners, officers or shareholders have knowingly furnished false or misleading information or withheld relevant information on any application for a license required by this chapter or any investigation into any application. The licensee shall be responsible for the acts of its agents, servants and employees in the operation of the business. Prior to holding a hearing concerning the question of whether a license shall be revoked or suspended, the Mayor shall give at least 10 days written notice to the licensee setting forth the alleged violation. The licensee may present evidence and cross-examine witnesses at such hearing.
[Added 3-5-2024 by Ord. No. 2024-01]
In addition to being subject to penalty as hereinafter set forth, any person who obtains a license as herein provided by furnishing the Borough with a false or misleading application shall, upon the discovery thereof, suffer an immediate revocation of such license and forfeiture of all fees paid.
[Added 3-5-2024 by Ord. No. 2024-01]
No license issued under this Chapter may be transferred to any other person, partnership, corporation or association.
[Added 3-5-2024 by Ord. No. 2024-01]
No licensee shall carry on any business required to be licensed under this section except at the location designated on the license. Should the licensee wish to change the location, application shall be made to the Borough Clerk for such change in writing.
[Added 3-5-2024 by Ord. No. 2024-01]
a. 
Hours of operation. No licensee shall purchase any goods, wares, articles or things, whatsoever, or lend any money to any person between the hours of 11:00 p.m. (2300) and 7:00 a.m. (0700) the next day.
b. 
Prohibited purchases. No licensee shall purchase or accept any goods, wares, articles, or things under any of the following circumstances:
1. 
Where the seller is less than the age of 18;
2. 
A pawnbroker may not accept a pledge from any person who is under the age of 16;
3. 
Where the seller is intoxicated ("intoxicated" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or drugs);
4. 
Where the seller fails to present a valid New Jersey driver's license or at least two forms of identification of which at least one contains the seller's full legal name, date of birth, a photograph or full physical description, and an identification number; and
5. 
Where the article to be purchased had an original manufacturer's serial number at the time it was new but no longer legibly exhibits said number.
[Added 3-5-2024 by Ord. No. 2024-01]
No licensee shall deal in, buy or sell, or display in his shop any pistol, revolver, Derringer, Bowie knife, dirk or other deadly weapon of like character, capable of being secreted upon the person, unless such licensee shall also possess valid and current licenses or permits as required by applicable federal, state, or local laws, ordinances, rules or regulations.
[Added 3-5-2024 by Ord. No. 2024-01]
a. 
Each pawnbroker or secondhand dealer within the Borough shall, upon the purchase of any precious metals, or secondhand goods from the public, be required to do as follows:
1. 
Operate and maintain a computer system with internet access and photographic or video capability sufficient for the electronic reporting requirements of this section. Any failure or malfunction of such equipment on the part of the licensee shall not exempt the licensee from the below reporting requirements. The licensee shall immediately notify the police department of any such failure or malfunction and shall have such resolved as soon as practicable. Failure by the licensee to resolve any failure or malfunction of equipment in a reasonable amount of time will lead to license revocation.
2. 
Record on a numbered receipt the name, address and telephone number of the purchaser; the name, address and telephone number of the seller or sellers; the time and date of the transaction; the net weight in terms of pounds Troy, pennyweight (Troy) or kilograms/grams of the precious metals; and fineness in terms of karats for gold, and sterling or coin for silver, in accordance with N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq. This information is to be documented through use of an electronic database software system as designated by the Chief of Police. These records shall be subject to the inspection of any authorized police officer of the Borough.
3. 
Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, enter all transactions into the electronic database within 48 hours from the date of purchase. The information contained in paragraph a2 above, plus the following:
(a) 
A physical description of the seller.
(b) 
The receipt number.
(c) 
A full description of the item or items purchased, including but not limited to marks, numbers, dates, sizes, shapes, initials and monograms.
(d) 
The price paid for the item.
(e) 
The form must be signed by the seller and initialed by the Clerk who made the transaction.
4. 
Precious metals are to be made available for inspection by the Chief of Police of the Borough or his designated representative for a period of 10 days from the date the information required above is received by the Chief of Police or his designated representative, on the approved form. The precious metals shall remain in the same condition as when purchased and shall not be changed, modified, melted or disposed of by the purchaser until the ten-day period has expired. During this ten-day period, the precious metals shall be placed in public view at the purchaser's place of business. If the property is such that it would create a hardship on the pawnbroker by holding the precious metals for such period, the pawnbroker may present the property to the Chief of Police or his representative in order that it may be photographed and, if deemed necessary by the Chief of Police or his designated representative, an investigation be implemented. The Chief of Police or his designated representative has the authority to grant the pawnbroker a waiver of the requirement under this section.
b. 
In addition to the information required to be reported above, each pawnbroker or secondhand dealer doing business in the Borough shall obtain a photographic image of a photo ID card of the seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be currently valid (not expired) card issued by a government entity of the United States, and must include the pawn/seller's first and last name, current address, date of birth and physical descriptors. In the event the card is valid but does not contain the seller's current address, the licensee must separately record and report the current address.
c. 
Any property exchanged in a transaction shall be digitally photographed and reported as required by the Chief of Police, unless such property bears a valid and unique serial number that is permanently inscribed on the property. It is unlawful to do business with persons failing to supply required information.
d. 
It is unlawful to receive or purchase in any manner any goods or articles or make any advance or loan whatever on the same if the person or persons pawning, pledging, depositing or selling the same shall refuse to make known his, her, or their names, to submit to a general description, or shall refuse to make known the name or names of the person or persons for whom the same were pawned, pledged, deposited or sold, or knowingly make any false entry of any matter or thing required to be made in said book or cause or permit the same to be made.
e. 
Dealer payment to sellers in cash shall be limited to two transactions during a seven day period for the same seller. The seven day period will commence on the day of the first transaction and end seven days after the transaction, i.e. if transaction #1 occurs on Monday the seven day period ends on Sunday. Furthermore, no cash payments shall be made to the same sellers who make more than five transactions in any given 30-day period. Sellers making transactions over the number of proscribed weekly and monthly periods will be paid by the Dealer by means of a bank check drawn from the Dealer's business account.
f. 
It shall be the requisite duty of every Dealer, and of every person in the Dealer's employ, to admit to the premises during business hours any member of the Borough Police Department to examine any database, book, ledger, or any other record on the premises relating to the purchase of precious metals from the public, as well as the articles purchased or received, and to take possession of any article known by the police officer or official to be missing or to have been stolen, or where the officer or official has probable cause to believe the article is missing or stolen.
[Added 3-5-2024 by Ord. No. 2024-01]
This section shall not apply to purchases made by jewelers or other pawnbrokers from wholesalers or other suppliers, but shall only apply to those purchases made from the public or other retail purchases. The pawnbroker shall keep records of all wholesale purchases for a period of six months from the date of such purchase, which records shall be opened to investigation by the Borough Police Department.
[Added 3-5-2024 by Ord. No. 2024-01]
Every licensee and every person employed by the licensee in the conduct of business shall admit to any and every part of the premises designated in the license, during normal business hours, any law enforcement officer to examine any goods, articles, things, pledges, pawns, or books or other records on the premises dealing with purchase or sale of used property and to search for and to take into possession without compensation to the licensee any article known or for which such officer has reasonable grounds to believe to have been stolen. Such law enforcement officer may make any such search or seizure as is provided for in this section and property so seized shall be receipted for by such officer, who shall fully describe the seized property and sign the receipt. Should the officer determine the property not to be stolen, the officer shall promptly return same to the licensee and obtain a receipt therefore, as aforesaid. In the case of property obtained in the case of a domestic theft, the victim shall make restitution for the amount paid to obtain said property. Other restitution will be made by way of criminal complaints against the seller of said items.
[Added 3-5-2024 by Ord. No. 2024-01]
a. 
Secondhand watches to be clearly marked. Any person or business entity engaged in the business of buying or selling watches, or any agent or servant thereof, who may sell or exchange, or offer for sale or exchange, expose for sale or exchange, possess with the intent to sell or exchange, or display with the intent to sell or exchange any secondhand watch, shall affix and keep affixed to the same a tag with the words "second-hand" clearly and legibly written or printed thereon, and the said tag shall be so placed that the words "second-hand" shall be in plain sight at all times.
b. 
Special invoice for secondhand watches. Any person or business entity engaged in the business of buying or selling watches, or any agent or servant thereof, who may sell a secondhand watch or in any other way pass title thereto shall deliver to the vendee a written invoice bearing the words "secondhand watch" in bold letters, larger than any of the other written matter upon said invoice, which invoice shall also set forth the following:
1. 
The name and address of the vendor;
2. 
The name and address of the vendee;
3. 
The date of the sale;
4. 
The name of the watch or its makers;
5. 
The serial numbers, if any; and
6. 
Any other distinguishing numbers or identification marks upon its case and movement; or, if the serial numbers or other distinguishing numbers or identification marks shall have been erased, defaced, removed, altered or covered, the invoice shall so state.
c. 
The vendor shall keep on file a duplicate of said invoice for at least five years from the date of the sale thereof, which shall be open to inspection during all business hours by the Camden County Prosecutor or his duly authorized representative.
d. 
Advertising second hand watches. Any pawnbroker, secondhand dealer or other person or business entity or any agent thereof, who may advertise or display in any manner a second hand watch for sale or exchange shall state clearly in such advertisement or display that said watch is a second hand watch.
e. 
Violations and penalties. Violation of any provision of this section shall, upon conviction thereof, be punished by a minimum fine of $100 or a maximum of $1,000, or by imprisonment for a term not exceeding 90 days, or by a period of community service not exceeding 90 days. Each and every violation shall be considered a separate violation. Every day that a violation continues shall be a separate violation. Each violation shall result in an additional 10 day suspension. Any person who is convicted of violating the provisions of this section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the Court to an additional fee as a repeat offender. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this section. For a third or subsequent violation under this section, the mercantile license of said business may be revoked upon notification by Mayor and Council.
[Ord. No. 2015-09]
a. 
License required. Any vendor who offers reward programs which includes the payment of taxes for Point Pleasant Beach taxpayers who shop at participating Point Pleasant Beach-based businesses shall, before implementing such a program, obtain a license as provided for in this section.
b. 
Administration. The program shall be administered solely by the vendor who shall undertake to register interested taxpayers and Point Pleasant Beach-based businesses.
c. 
Fee; required information. The vendor shall pay to the Borough a license fee in the amount of $25 yearly and shall submit to the Borough Business Administrator all information necessary as may be reasonably required in order to determine the truth or validity of the statements contained in the application.
d. 
Conditions. The Borough shall establish the necessary reporting requirement for any payment of taxes made to the Borough by the vendor. The Borough shall not be responsible for any impact of program participation on mortgage escrow calculations. The Borough shall not be responsible for any changes in property ownership.
[Added 5-5-2020 by Ord. No. 2020-08]
In view of the public health concerns associated with the use of Kratom (mitragyna speciose korth) by minors, the sale of Kratom or any product containing Kratom to minors within the Borough of Point Pleasant Beach is hereby prohibited. Violation of this section shall be subject to the penalties set forth in Subsection 5-8.6.
[1]
Editor's Note: Former § 5-26, Kratom Sales Prohibited, added 12-3-2019 by Ord. No. 2019-15, was voided by the court in March 2020.
[Added 5-7-2024 by Ord. No. 2024-08]
a. 
Requirement to Carry Insurance.
1. 
The owner of a business located within the Borough of Point Pleasant Beach shall maintain liability insurance for negligent acts or omissions in an amount of no less than $500,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence.
2. 
The requirement to maintain insurance coverage pursuant to this section shall be a condition of the issuance of a license pursuant to § 5-2.1.
b. 
Registration of Certificate of Insurance; Certificate of Registration.
1. 
Prior to February 1 of each calendar year, the owner of a business located within the Borough of Point Pleasant Beach shall file a certificate of insurance demonstrating the level of coverage as required in paragraph a of this section, along with payment of the fee required in paragraph c of this section.
2. 
The submissions required under paragraph b1 shall be filed with the Borough's Bureau of Fire Safety or other designated office.
3. 
Upon filing of the required documents under paragraph b1, the Borough shall issue a Certificate of Registration to the business owner.
c. 
Fees.
The fee for the issuance of a Certificate of Registration pursuant to this section shall be $50 per year. Any business that is subject to licensure under the requirements of § 5-27 shall be exempt from this fee.
d. 
Penalty for Non-Compliance; Fines.
1. 
If a business owner fails to file the required certificate of insurance with the Borough of Point Pleasant Beach and/or pay the corresponding fee as required in paragraph b1 within ten (10) days of any applicable deadline, the Borough may bring an action to impose a penalty pursuant to N.J.S.A. 2A:58-10 et seq. (the "Penalty Enforcement Law of 1999").
2. 
Any fine imposed pursuant to paragraph d1 shall not be less than $500 and shall not exceed $5,000.