[HISTORY: Adopted by the Mayor and Council of the Borough of Westville 8-17-2015 by Ord. No. 4-2015. Amendments noted where applicable.]
Land Use and Development — See Ch. 205.
A business registration certificate is required for any person conducting, operating or engaging in any business located in the municipality.
The following words and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- Any person offering and/or engaged in buying, selling, storing and/or transferring merchandise, goods, real property, personal property, moneys, services and/or other items who do so for a fee, price, retainer, commission, percentage and/or other means of compensation for the purpose, stated or otherwise, of realizing a profit or other gain.
- BUSINESS REGISTRATION FORM
- The business registration form to be filed with the Municipal Clerk.
- The business registration certificate.
- The Borough of Westville.
- Any individual, partnership, limited partnership, association, firm, limited liability company, corporation or similar entity. Whenever used in any clause prescribing or imposing a penalty, the term "person," as applied to associations, shall mean the partners or members thereof and, as applied to limited liability companies or corporations, the officers thereof.
Any person conducting, operating or engaging in any business within the municipality shall file a completed business registration form with the Municipal Clerk and shall pay the required fee.
The business registration form shall contain the following information for each person applying for a certificate:
The name of the registrant.
The nature of the principal activity of the business.
The business address of the registrant.
The home address of the registrant or the designated contact person for the registrant.
The business telephone of the registrant.
The home telephone number of the registrant or the designated contact person for the registrant.
The anticipated hours and days of the business operation.
The trade name or other business identification titles used by the registrant.
A floor plan diagram.
The registrant shall attach a diagram depicting a floor plan of any business location within the municipality. The plan shall identify the area of the building area accessible to the general public, the area of the building limited to access by employees only and areas of the building to be utilized only for storage or related purposes. The plan shall also identify the location of doors or similar devices which provide means of ingress/egress to the facility. In the case of a business involved in food sales or service, the plan shall identify the maximum number of tables and seats to be utilized to service the general public.
Each floor plan shall be scaled or contain sufficient information to properly identify the dimensions of the areas or rooms depicted on the diagram.
There shall be no fee for the initial business registration. Thereafter, the annual fee for obtaining a business registration certificate is $25. No fee shall be imposed for business activities conducted by nonprofit organizations or associations organized for religious, charitable, political or educational purposes.
The Municipal Clerk shall issue a business registration certificate to any person who files a completed business registration form and pays the required fee.
A copy of the completed registration form shall be returned to the registrant with an acknowledgment by the Municipal Clerk that it has been properly filed.
All existing businesses in the municipality are required to comply with the terms of this chapter no later than October 1 of each year.
The municipal officials shall assist all registrants with information that they require in an effort to promote greater harmony and cooperation between the municipality and owners of business and industrial enterprises. Further, the municipal officials will encourage cooperation among the individual registrants in achieving mutually constructive goals.
In the event that two or more businesses occupy the same location, the person conducting, operating or engaging in each business shall be required to complete a separate business registration form and obtain a separate certificate.
In the event that the same person conducts businesses at two or more locations, a separate registration form and certificate shall be required for each location.
Every person having a certificate for a business which ceases to operate, changes the principal activity in which it is engaged, changes its location and/or locations in the municipality, moves out of the municipality or changes owners and/or managers must submit written notice to the Municipal Clerk within 30 days of such change. In the event of cessation of business or moving out of the municipality, the person having a certificate for a business must provide the name, address and home telephone number of the person or principal officer of the business to the Municipal Clerk within 30 days of such event.
The certificate shall be effective until December 31 of the year it is issued. Thereafter, a new certificate will be required annually for each calendar year. All certificates shall be renewed no later than January 31 of each year. It shall be the responsibility of any person conducting, operating or engaging in any business to apply for a certificate at the Office of the Municipal Clerk.
The registration certificate of the individual business or industrial enterprise shall be publicly displayed at the principal place of the business or industrial organization of the registrant in the municipality. Upon request by any official of the municipality, such registration certificate must be presented, and, further, such municipal official may direct that such certificate must be placed in a more prominent location, and the owner of said business or industrial enterprise must comply with such request.
The following persons shall be exempt from the provisions of this chapter:
Persons employed for a wage or salary, provided that their principals have obtained a certificate; agencies of the government of the United States or the State of New Jersey; and children under 18 years who reside with their parents within the municipality, doing part-time business, are exempt from the provisions of this chapter.
Persons rendering services to a household and persons engaged in a home occupation as defined in Chapter 205 (Land Use and Development Ordinance) or operating from a professional office in a residential zone.
Persons conducting or participating in activities such as art shows, rummage sales or similar events for which other municipal permits have been issued.
Persons rendering delivery services to residential or business properties, if such person does not maintain a business physically located within the municipality.
Utility companies whose activities or rates are regulated by the State of New Jersey.
Issuances of a business registration certificate by the municipality does not evidence compliance with other applicable rules, regulations, ordinances and statutes of the municipality, county and State of New Jersey, or other regulatory agencies having jurisdiction over the activities of the certificate holder.
Any person or principal owner of a corporation or other legal entity who violates any of the provisions this chapter shall be subject to prosecution in the Municipal Court of the Borough of Westville and, further, shall be subject to one or more of the following: a fine not exceeding $2,000, or imprisonment in the county jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, in the discretion of the Municipal Court Judge. Each day that such violation exists shall constitute a separate offense.