§ 330-1.1. Coffee and iced coffee concession on public beaches.

A. 

A concession contract may be made available for the sale of coffee and iced coffee beverages upon the public beaches of the City of North Wildwood. The area of the beach, as defined by § 138-1 of the Code of the City of North Wildwood, which may be made available for operation of such a concession will be those areas of the beach which, pursuant to resolution adopted in accordance with § 138-31 of the Code of the City of North Wildwood, Council designates as being subject to protection by the North Wildwood Beach Patrol.

B. 

Concession contract public bid by auction.

(1) 

A concession contract periodically may be let out for public bid by auction pursuant to N.J.S.A. 40:61-1h and N.J.S.A. 40:61-36 et seq., all as amended from time to time. The award of the concession contract will be made to the highest responsible bidder therefor, after advertisement of the time and place of such auction, at least 10 days prior to receipt of bids, in such newspaper as has been designated as the City's official newspaper, and upon such terms and conditions as the Mayor and Council may prescribe. Such terms and conditions may include, but not necessarily be limited to, insurance and hold-harmless requirements and the establishment of a minimum bid price.

(2) 

Upon the advertisement as aforesaid, the City Clerk will make available for inspection by prospective bidders copies of the concession contract and all related contract documents.

(3) 

No concession contract may be let for a term exceeding five years.

(4) 

Any concession contract auction conducted pursuant to this article shall be conducted between January 1 and June 30 of the year in which the concession contract is to take effect; however, upon award of the concession contract, the effective date of that contract will be deemed to be January 1 of the year in which the contract is awarded.

C. 

Award of contract; contract amount; default of payment; other fees.

(1) 

Any concession contract awarded pursuant to this article will be awarded to the responsible bidder bidding the highest amount in excess of any minimum bid amount that may be established by the Mayor and Council for the first year of the contract. The contract amount for each succeeding year of the contract shall be not less than 105% of the contract amount of the prior year. The successful bidder shall pay 20% of the first-year contract amount or $20,000, whichever is less, at the time of the auction and shall pay the balance of the first-year contract amount by March 1 in the year of the auction or upon signing of the contract, whichever is later. Thereafter, during the term of the concession contract, 10% of the amount due for each year of the contract shall be paid on or before January 1 of the year due, and the balance due that year shall be on or before March 1 of the year due.

(2) 

Failure to make timely payments in accordance with this article may be grounds for the imposition of such late fees as may be set forth in the contract documents. If default in the payment of rent occurs and is not cured within seven calendar days, Council, by resolution, may declare the contract terminated and the remaining term of the contract may be rebid. Upon rebid, no bid of the defaulting concessionaire will be accepted. Upon rebid, the Mayor and Council may establish a minimum bid amount. If, upon rebid, the sum of money to be received by the City is less than the total amount of money that was due for the entire remaining term of the contract which has been defaulted upon, the defaulting concessionaire shall pay the difference to the City together with the expenses of advertising the rebid. The defaulting concessionaire shall have no claim to any higher sum of the money received upon the rebid. If an action is instituted by the City for the collection of the amounts due from the defaulting concessionaire, the City shall be entitled to collect, in addition to any amount owed under the terms of the contract, its attorneys' fees and costs.

(3) 

In addition to the contract price, the operator of the concession also shall be responsible for obtaining a mercantile license and paying the fee therefor all in accordance with the provisions of § 292-1 et seq., of the Code of the City of North Wildwood, as amended from time to time. The concessionaire also shall be responsible for the payment of a tourism development fee in accordance with the provisions of § 270-1 et seq., of the Code of the City of North Wildwood, as amended from time to time.

D. 

Requirements for concessionaires. In addition to such terms and conditions as the Mayor and Council may prescribe in the notice to bidders and other bid documents, a concession for the sale of coffee and iced coffee beverages upon the public beaches of the City of North Wildwood only may be awarded to an individual who shall meet the following minimum requirements;

(1) 

He or she shall have been issued, and shall be the holder of, a valid license issued by a County Clerk pursuant to the provisions of N.J.S.A. 45:24-9 et seq.

(2) 

He or she shall be the holder of a valid mercantile license that has been issued pursuant to Ordinance No. 1149, as amended (§ 292-1 et seq. of the Code of the City of North Wildwood), for the operation of a restaurant, lunch stand, luncheonette or walk-up (see § 292-4) or is the holder of a license for the sale of alcoholic beverages issued by the City of North Wildwood or is the holder of a permit for the sale of alcoholic beverages within the City of North Wildwood that has been issued by the New Jersey Division of Alcoholic Beverage Control. The provisions of this subsection will be deemed satisfied if the individual to whom the concession is to be awarded is an owner, operator or authorized agent of a business entity, such as a corporation, limited liability company or partnership, that has been issued a mercantile license pursuant to Ordinance No. 1149, as amended (§ 292-1 et. seq. of the Code of the City of North Wildwood), for the operation of a restaurant, lunch stand, luncheonette or walk-up (see § 292-4) or is the holder of a license for the sale of alcoholic beverages issued by the City of North Wildwood or is the holder of a permit for the sale of alcoholic beverages that has been issued by the New Jersey Division of Alcoholic Beverage Control.

Added 6-5-2019 by Ord. No. 1785