[HISTORY: Adopted by the Borough Council of the Borough of Stone
Harbor as indicated in article histories. Amendments noted where applicable.]
[Adopted as Sec. 6-1 of the 1982 Revised General Ordinances]
The purpose of this article is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses issued
by the Borough, except alcoholic beverage licenses, dog licenses and taxicab
licenses.
A.
All applications for licenses, accompanied by the required
fee, shall be made to the Borough Clerk upon forms provided by him, and shall
contain the following information:
(1)
Name and permanent and local address of the applicant.
If the applicant is a corporation, the name and address of its registered
agent.
(2)
If the licensed activity is to be carried on at a fixed
location, the address and description of the premises.
(3)
If a vehicle is to be used, its description, including
the license number.
(4)
If the applicant is employed by another, the name and
address of the employer, together with credentials establishing the exact
relationship.
(5)
The days of the week and the hours of the day during
which the licensed activity will be conducted.
(6)
A description of the nature of the business and the goods,
property or services to be sold or supplied.
(7)
A statement as to whether the applicant has been convicted
of any crime or the violation of any municipal ordinance other than traffic
offenses and, if so, the date and place of conviction, the nature of the offense,
and the punishment or penalty imposed.
(8)
Appropriate evidence as to the good character and business
responsibility of the applicant so that an investigator may properly evaluate
his character and responsibility.
(9)
Appropriate evidence that the applicant is a person of
the age of at least 18 years.
B.
Applications by partnerships shall be signed by all partners
with the information required by this section supplied in detail as to each
partner, and applications of corporations shall have attached individual statements
containing all of the information required by this section relating to each
employee or agent who shall engage in the licensed activity, and shall be
signed by each employee or agent.
Pursuant to N.J.S.A. 40:52-1.2, as a condition of issuance or renewal
of a license, all delinquent property taxes or assessments on the property
must be paid. The license shall be revoked or suspended if property taxes
are not paid for three consecutive quarters or more. The license shall be
restored upon payment of taxes.
Each application shall be referred to the Chief of Police or a police
officer designated by him, who shall immediately institute whatever investigation
of the applicant's business responsibility, moral character and ability to
properly conduct the licensed activity he considers necessary for the protection
of the public. He shall communicate his findings in writing to the Borough
Clerk within a reasonable time after the application has been filed. If the
investigator decides that the applicant's character, ability or business responsibility
are unsatisfactory, or the products, services or activity are not free from
fraud, he shall disapprove the application and the Clerk shall refuse to issue
the license and shall so notify the applicant. Otherwise, the Borough Clerk
shall issue the license immediately, provided the required license fees have
been paid except in cases where approval of the Mayor and Council is required.
In the case of an application for a solicitor's, peddler's, or canvasser's
license, the license may be issued immediately subject to the investigation.
In the event of the refusal of the issuance of a license, the applicant may
appeal to the Council for hearing. The appeal must be filed, in writing, with
the Borough Clerk within 14 days after notification of the refusal. The Council
shall hold its hearing within 30 days thereafter. The decision of the Council
shall be final.
Licenses shall be in a form which the Council shall prescribe by resolution,
and shall contain the following information:
A.
The name and address of the licensee.
B.
The number and type of the license and the nature of
the licensed activity.
C.
The address at which the licensed activity is conducted,
if the activity is carried on at fixed location.
D.
If the licensed activity is conducted from a vehicle,
the make, model and license number of the vehicle.
E.
The expiration date of the license.
F.
Any other appropriate information which the Mayor and
Council may, by resolution, require.
The Borough Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Council and shall contain the same information as is required by § 352-5 to be contained in the license. It shall also indicate the amount of the fee paid for the licenses, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal, and any other information which the Mayor and Council may, by resolution require.
When the licensed activity is conducted at a fixed location, or from
a vehicle, the license shall be prominently displayed at the location or on
the vehicle. In all other cases the licensee shall have the license in his
possession at all times and shall display it upon the request of any police
officer or any person with whom he is doing business.
Every license shall apply only to the person to whom it was issued and
shall not be transferable to another person. Licenses may be transferred from
place to place, in cases where the licensed activity is conducted at a fixed
location, but only with the approval, by resolution, of the Council. The fee
for the transfer of a license from place to place shall be $5.
Except where expressly provided otherwise, all licenses shall expire
December 31 of the year of issue at 12:00 midnight prevailing time. Applications
for the renewal of licenses shall be made not later than December 1 of the
year of issue.
A.
Any license or permit issued by the Borough may be revoked
by the Council after notice and a hearing for any of the following causes:
(1)
Fraud or misrepresentation in any application for a permit
or license.
(2)
Fraud, misrepresentation or other dishonesty in the conduct
of the licensed activity.
(3)
Violation of any provision of this revision.
(4)
Conviction of the licensee for any felony or high misdemeanor
or a misdemeanor or disorderly person's offense involving moral turpitude.
(5)
Conduct of the licensed activity whether by the licensee
himself or his agents or employees in an unlawful manner or in a manner that
constitutes a breach of the peace or a menace to the public health, safety
or general welfare.
B.
When a license has been issued immediately upon an application,
pending the results of the investigation provided for by this chapter, such
license may be summarily revoked if the result of the investigation is such
as would have resulted in denial of the application.
Notice of a hearing for the revocation of a license or permit shall
be given in writing by the Borough Clerk. The notice shall specifically set
forth the grounds upon which the proposed revocation is based and the time
and place of the hearing. It shall be served by mailing a copy to the licensee
at his last known address by certified mail, return receipt requested, at
least five days prior to the date set for the hearing.
At the hearing the licensee shall have the right to appear and be heard,
to be represented by an attorney, to present witnesses in his own behalf,
to cross-examine opposing witnesses and to have a permanent record made of
the proceedings at his own expense. The Council shall revoke or suspend the
license if they are satisfied by a preponderance of the evidence that the
licensee is guilty of the acts charged.
The Council may issue another license to a person whose license has
been revoked or denied as provided in this section, if after hearing it is
satisfied by clear and convincing evidence that the acts which led to the
revocation or denial will not occur again; otherwise, no person whose license
has been revoked or denied, nor any person acting for him, directly or indirectly,
shall be issued another license to carry on the same activity.
The Council may, by resolution, make rules and regulations which interpret
or amplify any provision of this chapter or for the purpose of administering
the provisions of this chapter or making them more effective. No regulation
shall be inconsistent with or alter or amend any provision of this chapter
and no regulation shall impose any requirement which is in addition to or
greater than the requirements that are expressly or by implication imposed
by any provision of this chapter.
