[HISTORY: Adopted by the Mayor and Council of the Borough of Clementon as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-20-1971 by Ord. No. 71-26]
No person or business entity shall engage in or carry on any business, trade or calling in the Borough of Clementon, nor aid or assist as employee, clerk or otherwise in carrying on such business or in using any stand, store or other place or thing, nor sell or offer for sale any goods or things for which a license is required by the terms of this article, unless a license as herein provided for shall have been first obtained therefor by said person or business entity engaging in said business, trade or calling.
Application for license shall be made to the Borough Clerk of the Borough of Clementon, New Jersey, and the license shall specify by name the person, firm or corporation to which it is granted, and the location at which such business, trade or profession or calling is to be carried on. The certificate of license shall be conspicuously displayed on the premises where the business is conducted.
All new businesses shall first make application to the Planning Board, which shall forward its findings, with its recommendations to the Borough Council, which body shall decide on granting or denying the license applied for. No license shall be issued for a new business, until the Borough Council has authorized the issuance of the license. All persons or business entities presently in existence and required to be licensed shall apply for such license prior to February 1, 1972.
[Amended 3-25-2008 by Ord. No. 2008-06]
All renewal license fees shall be due and payable to the Clementon Borough Clerk on the first day of December of each year, and all such licenses shall expire on the last day of November the following year.
[Amended 12-21-1981 by Ord. No. 81-17; 2-24-1997 by Ord. No. 97-3]
The license fees to be paid annually, as provided above, to the Borough of Clementon for conducting any businesses, trades, professions or occupations at the places designated in the license certificate issued therefor shall be $40, plus $30 for each coin-operated machine and/or game of chance and/or $10 for each vending machine. A $25 late fee shall be assessed each license not renewed on or before February 15 of each year.
[Added 11-21-2023 by Ord. No. 2023-18[1]]
A. 
Except as provided in Subsection B of this section, the owner of a business or the owner of a rental unit or units shall maintain liability insurance for negligent acts and omissions in an amount of no less than $500,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence.
B. 
The owner of a multifamily home which is four or fewer units, one of which is owner occupied, shall maintain liability insurance for negligent acts and omissions in an amount of no less than $300,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence.
C. 
The owner of a business, owner of a rental unit or units, and the owner of a multifamily home of four or fewer units, one of which is owner-occupied, shall annually register the certificate of insurance demonstrating compliance with Subsections A and B above with the Clementon Borough Clerk.
D. 
The Borough of Clementon shall collect, through a summary proceeding pursuant to the Penalty Enforcement Law of 1999,[2] a fine of not less than $300 but not more than $5,000 against an owner who fails to comply with the insurance requirements set forth in Subsections A, B and C above.
[2]
Editor's Note: See N.J.S.A 2A:58-10 et seq.
[1]
Editor's Note: This ordinance also renumbered former §§ 168-6 through 168-14 as §§ 168-7 through 168-15, respectively.
No person or persons shall be allowed to transact any business under any license granted under this article except the business for which said license was specifically granted.
No license shall be issued to any person or entity who has not complied with the laws of the State of New Jersey or the ordinances of the Borough of Clementon, providing regulations respecting the safety of the persons who may have occasion to use the premises, place or thing licensed, and in case any person licensed fails to comply with such laws and ordinances after due notice and opportunity to be heard, the Borough Council may revoke such license. No license provided for by this article shall be transferred from one person to another person, and no license shall cover any other place of business than that for which it was issued.
[Added 4-7-2020 by Ord. No. 2020-08[1]]
Upon receipt of an application for a license, the Borough Clerk shall refer such application to the proper officials or officers for the making of the necessary investigation or inspection. The officials shall make a report thereon, favorable or otherwise, within fifteen 15 days after receiving the application or a copy thereof. The Zoning Official shall make the appropriate zoning inspections. All other investigations, except where otherwise provided, shall be made by the Chief of Police or his designee. Before the Chief of Police shall recommend a mercantile license, he shall first make a determination that the applicant is not presently indicted for a crime in this state or any other state which would reasonably relate to the nature of the business to be conducted by the applicant; that the proposed business would not be detrimental to the public health, safety or welfare of the community; that the applicant had not conducted any business in violation of any local ordinances or state statutes; that the applicant has not permitted any person to conduct illegal activities on the premises of a business previously maintained in the Borough; and that the proposed business would not be a public nuisance.
[1]
Editor's Note: This ordinance also provided for the renumbering of former §§ 168-8 through 168-13 as §§ 168-9 through 168-14, respectively.
A. 
This article shall not apply to orders taken out of this Borough or to soliciting of orders by wholesale dealers from retail dealers, or to deliveries by wholesale dealers to retail dealers, or to the sale or delivery of newspapers, magazines or periodicals.
B. 
This article shall not apply to any corporation authorized to transact business by the Department of Banking and Insurance of the State of New Jersey or to any corporation authorized to transact business by any department of the government of the United States or to any person licensed to transact business by the State of New Jersey, or any department, board or commission thereof, or to public utilities.
The Clerk of the Borough of Clementon shall turn over all said license fees collected by him to the Borough Treasurer.
Any person, firm, association or corporation violating any section of this article shall, upon conviction before the Magistrate or other officer having jurisdiction, be subject to a fine not exceeding $200 or imprisonment in the county jail for a term not exceeding 30 days, or both, in the discretion of the Judge of the court where the violation has been heard. Any repetition of any violation of this article shall be deemed a new offense.
[Adopted 8-23-1993 by Ord. No. 93-11]
Pursuant to the provisions of N.J.S.A. 40:52-1.2, as a condition for the issuance or renewal of any license or permit issued by or requiring the approval of the Borough of Clementon, the applicant, if he is the owner thereof, must have paid any property taxes or assessments on the property wherein the business or activity for which the license or permit is sought or wherein the business or activity is to be conducted. Appropriate proof of payment must be provided before such license or permit shall be issued.
In the event that a license or permit has been issued, it shall be revoked or suspended when any licensee, who is an owner of the property upon which the licensed business or activity is conducted, has failed to pay the taxes due on the property for at least three consecutive quarters. Upon payment of the delinquent taxes or assessments, the license or permit shall be restored for the balance of its term.
The provisions of this article shall not apply to or include any alcoholic beverage license or permit issued pursuant to the Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq.