Court Upholds Wildwood Mercantile Licensure Ordinance

WILDWOOD – A New Jersey Superior Court judge has ruled an ordinance adopted by the City of Wildwood requiring rental properties to go through a stringent set of criteria before being issued a mercantile license is valid.
Under the terms of the ordinance, renewals of mercantile licenses for rental properties must obtain the approval of the city’s chief of police, fire official and code enforcement officer. Properties that have repeated calls to any of the three departments will not be issued a license, but will be referred to the Board of Commissioners to appeal the decision and discuss improvements to the property that will bring it into compliance. The ordinance applies to year-round as well as seasonal rentals.
“The ordinance is a good tool to help city officials obtain compliance to insure safe and clean neighborhoods,” said Wildwood Police Chief Steven Long.
A local rental property owner whose mercantile license was denied by the Board of Commissioners took umbrage with the ordinance and challenged it in court alleging that the ordinance was discriminatory in purpose, enforcement and effect.
In his June 16 ruling, Judge Julio Mendez said the city’s ordinance is valid, non-discriminatory and the city acted appropriately in enacting the ordinance. Menendez stated he was satisfied the city had used objective mechanisms in referring applicants to the Board of Commissioners.
In addition, Mendez upheld the city’s stance that the motel owner bring the property into compliance by correcting code violations, limit guest stays to no more than 20 days and reapply to the Board of Commissioners for a mercantile license.
“It is not the intent of the city to take its business community, or have its business community take it to court. But it is the intent of the commissioners to enforce ordinances that are in place so as to create a better quality of life for all,” said Mayor Ernie Troiano Jr. “We are encouraged and happy with the judge’s decision. We hope businesses in question heed this ruling.”