Township of Franklin, NJ Article II Mercantile Licenses

§ 94-17 License required.

Except in those cases where a different license is required by any provision of this Code or other ordinance of the Township of Franklin or law of the State of New Jersey, no person shall, either directly or indirectly, conduct a business, as defined in this chapter, within the limits of the Township of Franklin unless he has first obtained a mercantile license.

§ 94-18 Definitions.

For the pupose of this article, the following terms shall have the meanings indicated:

CONDUCTING A BUSINESS WITHIN THE TOWNSHIP OF FRANKLIN

A. Selling, consigning or renting any goods or services, including the rental of sleeping accommodations.

B. Soliciting business or offering any goods or services for sale or for rent.

C. Using any vehicle or premises within the Township for the purposes described in Subsection A and B of this section.

D. For the purpose of invoking penalties for a violation of this section, any person who assists in the conducting of a business as employee, Clerk or otherwise shall be considered as "conducting a business" within the meaning of this section.

§ 94-19 Application for license.

Every person required to procure a mercantile license shall submit an application to the Township Clerk, accompanied by the fee required as hereinafter provided in § 94-23, Schedule A. The application shall be in a form which the Township Committee, by resolution, prescribes and shall contain the following information:

A. The specific nature of the business to be conducted.

B. The premises at which the business is to be carried on and the name and address of the owner of the premises.

C. A statement that the applicant's business will not violate the Zoning Ordinance of the Township.[1]

[1] Editor's Note: See Ch. 90, Land Use and Development.

D. The name and address of the person to whom the license is to be issued and his residence address and telephone number. If the applicant is not an individual, then the names, positions, residence address and telephone numbers of all members, stockholders, officers or managers of the applicant and his registered agent.

E. Any previous revocation or suspension of any license issued by the Township and the reasons for such revocation or suspension.

F. A statement that the applicant is not in default under provisions of the ordinances of the Township of Franklin or indebted or obligated in any manner to the Township, except for current real estate taxes.

G. Such other facts relevant to the general personal history of the applicant, or the applicant's members, officers or managers if the applicant is not an individual, as will enable the Township to make a fair evaluation of the eligibility of the applicant for a license.

H. Whenever a licensee is required to maintain insurance by any section of this chapter or any other ordinance or law of the State of New Jersey, proof of such required insurance shall be submitted with the application.

§ 94-20 Issuance or denial of license; appeals.

Upon submission of the application and the required fee to the Township Clerk, a temporary ten-day license shall be issued and a copy of the application shall be forwarded to the Township Zoning Officer for review. If no violation of the Township of Franklin ordinances or any law of the State of New Jersey is noted by the Zoning Officer, the license applied for shall be issued by the Township Clerk within 10 days of the receipt of the initial application. If said application is not approved, the reasons therefor shall be submitted, in writing, within said ten-day time period of the receipt of said application by the Township Clerk, and a copy thereof shall be mailed by certified mail, return receipt requested, to the applicant by the Township Clerk. If disapproved, the applicant shall have 10 days from the date of mailing of the notice of disapproval to appeal the denial to the Township Committee. The appeal shall be taken in the manner provided in § 94-51 of this chapter.

§ 94-21 Expiration and renewal.

A. Limited licenses. Those licenses which are limited in number by this section or any other section shall expire on the 31st day of January of the year subsequent to their issue. The holder of a limited license may renew said license by paying the fee set forth in Column A of Schedule A (§ 94-23) on or before February 28 of each license year. After February 28 of each license year, the fee shall be that as set forth in Column B of Schedule A (§ 94-23). The holder of a license the number of which is limited by the provisions of New Jersey statutes and local ordinances or this chapter shall have a preemptive right to renew said license until February 28 of each succeeding year. Thereafter, there shall be no preemptive right to renew said license.

B. Regular licenses. All other mercantile licenses shall expire on the 31st day of January of the year subsequent to their issue. The holder of a license may renew the license by paying the fee set forth in Column A of Schedule A (§ 94-23) on or before February 28 of each succeeding year. After February 29 of each succeeding year, the fee shall be that set forth in Column B of Schedule A (§ 94-23).

C. Licenses and renewals. Notwithstanding Subsections A and B hereinabove, the fee for any license or license renewal for the year 1984 shall be as set forth in Column A only.

§ 94-22 Exceptions.

The provisions of this article shall not apply to:

A. Any person acting 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.

§ 94-23 Fees.

The annual fees for mercantile licenses in the Township of Franklin shall be in accordance with the schedule attached as Schedule A.[1]

[1] Editor's Note: Schedule A is included at the end of this chapter.