[Adopted as Secs. 5-1.1 through 5-1.13 of the 1972 Code]
The purpose of this chapter is to provide a
uniform set of procedures for administering the issuance, renewal
and revocation of all licenses issued by the Township, except alcoholic
beverage licenses, dog licenses and taxicab licenses, and except as
may be specified or otherwise provided elsewhere in this chapter.
[Amended 11-11-1986 by Ord. No. 86-55]
All applications for licenses shall be accompanied
by the required fee and shall be made to or through the Township Clerk
upon forms provided by him. Applications shall contain the information
specified by resolution of the Township Council and may include the
following along with any other information deemed necessary or specifically
called for by ordinance:
A.
The name and permanent and local address of the applicant.
If the applicant is a corporation, the name and address of its registered
agent.
B.
If the licensed activity is to be carried on at a
fixed location, the address and description of the premises.
C.
If a vehicle is to be used, its description, including
the license number.
D.
If the applicant is employed by another, the name
and address of the employer, together with credentials establishing
the exact relationship.
E.
The days of the week and the hours of the day during
which the licensed activity will be conducted.
F.
A description of the nature of the business and the
goods, property or services to be sold or supplied.
G.
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.
H.
Appropriate evidence as to the good character business
responsibility of the applicant so that an investigator may properly
evaluate his character and responsibility.
I.
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.
[Amended 11-11-1986 by Ord. No. 86-55]
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 Township Clerk within a
reasonable time after the application has been filed. If the investigator
decides that the applicant's character, ability or business responsibility
is unsatisfactory or that the products, services or activities are
not free from fraud, he shall disapprove the application, and the
Clerk shall refuse to issue the license and so notify the applicant.
Otherwise, the Township Clerk shall issue the license immediately,
provided that the required license fees have been paid, except in
cases where approval of the Township 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 a hearing. The appeal shall be filed
in writing with the Township Clerk within 14 days after notification
of the refusal. The Council shall hold its hearing within 10 days
thereafter, and its decision shall be final.
[Amended 11-11-1986 by Ord. No. 86-55]
Licenses shall be in a form which the Township
Council prescribes 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 a 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 require by resolution.
[Amended 11-11-1986 by Ord. No. 86-55]
The Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Township Council and shall contain the same information as is required by § 134-4 to be contained in the license. It shall also indicate the amount of the fee paid for the license, 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 Township Council may require by resolution.
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.
[Amended 11-11-1986 by Ord. No. 86-55]
Except as otherwise provided, a 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 of the Township Council, by resolution.
The fee for the transfer of a license from place to place shall be
$5.
A.
Except where expressly provided otherwise, all licenses
shall expire on December 31 of the year of issue at 12:00 midnight.
Applications for the renewal of licenses shall be made not later than
December 1 of the year of issue.
B.
When an application for a license is made during the
course of any calendar year, the fee shall be prorated to the nearest
month. Any period of time greater than 1/2 of a month shall be considered
as a full month for this purpose.
[Amended 11-11-1986 by Ord. No. 86-55]
Any license or permit issued by the Township
may be revoked by the Council, after notice and a hearing, for any
of the following causes:
A.
Fraud or misrepresentation in any application for
a permit or license.
B.
Fraud, misrepresentation or other dishonesty in the
conduct of the licensed activity.
C.
A violation of any provision of this revision.
D.
Conviction of the licensee for any felony or high
misdemeanor or a misdemeanor or disorderly person's offense involving
moral turpitude.
E.
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.
F.
Whenever 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.
[Amended 10-17-2000 by Ord. No. 2000-66]
Notice of a hearing for the revocation of a
license or permit shall be given in writing by the Township Clerk.
The notice shall specifically set forth the grounds upon which the
proposed revocation is based and the time and place of the hearing.
The notice shall also indicate that the hearing will be held before
a hearing officer designated by the Mayor and Council. The notice
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.
[Amended 11-11-1986 by Ord. No. 86-55; 10-17-2000 by Ord. No. 2000-66]
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. No later than five days after the conclusion of the hearing,
the hearing officer shall issue a written order setting forth its
findings. If the hearing officer determines by a preponderance of
the evidence that the licensee is guilty of the acts charged, the
Township Council shall then revoke or suspend the license.
[Amended 11-11-1986 by Ord. No. 86-55]
The Township Council may issue another license
to a person whose license has been revoked or denied as provided in
this section if after a hearing they are 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.
[Amended 11-11-1986 by Ord. No. 86-55]
The Township 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.
