Township of North Brunswick, NJ Licensed Occupations

It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other ordinances except those specifically repealed. Where this chapter imposes a greater restriction or license fee upon persons, premises or personal property than is imposed or required by such existing provisions of other ordinances, the provisions of this chapter shall control.

§ 212-3 Definitions.

Word usage. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

Definitions. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:

BUSINESS

Includes all kinds of vocations, occupations, commercial enterprises and establishments and all other kinds of commercial activities, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit or benefit, either directly or indirectly, on any premises of the Township or anywhere else within its jurisdiction. All professions licensed by the State of New Jersey are exempt from the provisions of this chapter.

[Amended 7-21-1958; 9-15-1997 by Ord. No. 97-14]

INSIGNIA or INSIGNE

Any tag, plate, badge, emblem, sticker or any other kind of device which may be required for any use in connection with any license fee.

LICENSE or LICENSEE

As used generally herein, includes respectively the words "permit" or "permittee" or the holder for any use or period of time of any similar privilege wherever relevant to any provision of this chapter or other ordinances.

MAYOR AND COUNCIL

The Mayor and Council of the Township of North Brunswick.

NUDITY

The showing of the human male or female genitalia, pubic area or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola; the exposure of any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola.

[Added 4-17-2000 by Ord. No. 00-6]

PERSON

Includes individual natural persons, partnerships, joint ventures or corporations, or any officers, agents, employees, factors or any kind of personal representatives of any thereof in any capacity acting either for himself or for any other person under either personal appointment or pursuant to law.

PREMISES

Includes all the structures, places and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to or is otherwise used in connection with any such business conducted on such premises.

READILY PERISHABLE FOODS

Any food or beverage or ingredients consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry or other food capable of supporting rapid and progressive growth of microorganisms which can cause food infections or food intoxication. However, products in hermetically sealed containers processed by heat to prevent spoilage, and dehydrated, dry or powdered products so low in moisture content as to preclude development of microorganisms, are excluded from the terms of this definition.

[Added 7-21-1958]

TOWNSHIP

The Township of North Brunswick.

§ 212-4 License required; consistency with business description on application.

[Amended 4-17-2000 by Ord. No. 00-6]

It shall be unlawful for any person either directly or indirectly to conduct or carry on a business or to use in connection therewith any vehicle, premises, machine or device in whole or in part for which a license is required by any ordinance of this Township without a license having first been procured therefor and kept in effect at all such times as required by this chapter or other ordinance of this Township heretofore or hereafter adopted. It shall also be unlawful for any person, either directly or indirectly, to conduct or carry on a business in this Township in a manner differing from any description of the business operation contained on the previously submitted license application or not consistent with the certification contained on the application for said business license.

§ 212-5 Application for license; change in nature of business; nudity.

[Amended 4-17-2000 by Ord. No. 00-6]

Application for license hereunder, both new and renewal, shall be made to the Township Clerk of the Township, and such license shall be issued by the Township Clerk. The change in the nature of the business conducted shall trigger the requirement of an application for a new license. All applicants for a license under this chapter shall be required to execute the following certification contained on the license application form: "The applicant for this license hereby certifies that the business operation described herein for which a license is applied for shall not permit any person actually present in the business premises to appear in a state of nudity."

§ 212-6 License fees; licensed uses.

[Amended 7-21-1958; 2-6-1961; 5-1-1972; 9-15-1997 by Ord. No. 97-14; 6-16-2000 by Ord. No. 00-12; 11-7-2005 by Ord. No. 05-30]

Term of license. License and/or permit fees shall become payable to the Township Clerk at the Municipal Building the first day of August in each year, and all such licenses and/or permits shall expire on the last day of July the following year, unless otherwise specifically designated on the license or permit for a shorter term.

License/permit fees. All businesses, except those specifically enumerated below, shall pay a nonrefundable basic annual license application fee of $50. In addition, all retail operations, entertainment and recreational uses and food establishments which exceed 2,000 square feet in floor area devoted to customer use shall pay an additional license fee of $0.06 for each square foot in excess of 2,000 square feet which is devoted to customer use. Areas devoted to customer use shall include, but not be limited to, sales floor space, display areas, checkout areas, seating and waiting areas and activity participation areas. Those businesses enumerated below shall pay an annual application and license fee for licenses or permits in accordance with the fee specified herein, the first $50 of which shall be nonrefundable:

[Amended 5-5-2008 by Ord. No. 08-11; 3-1-2010 by Ord. No. 10-01]

Business Description		Basic Annual License/Permit Fee
All businesses not classified or enumerated		$50
Alcoholic beverage sales (including restaurant/bars)		$500
Automobile sales		$250
Bowling alleys		$250
Gasoline/service/repair stations		$250
Hotels		$250
Massage, bodywork and somatic therapies		$500
Movie theaters		$250
Mobile foods service (ice cream, hot dog trucks, including stands and/or wagons)		$150
Limousine services		$50
	Individual limousines (per vehicle)	$10
Taxicab services (owners)		$50
Seasonal sales (farm products, trees, wreaths, etc.)		$25
Sidewalk and tent sales		$25
Restaurants and food sales		$250
Warehouse/distribution facilities		$250

Limousine services.

[Amended 3-1-2010 by Ord. No. 10-01]

(1)

All limousine services that have their principal offices located within the Township of North Brunswick shall apply to the Township Clerk’s office for a license to operate in the Township of North Brunswick. Each limousine service shall, pursuant to N.J.S.A. 48:16-17: 1) file a copy of the required insurance policy with the Township Clerk; 2) pay a fee of $50 for the limousine business; and 3) pay an additional $10 for each limousine covered under the required insurance policy, whereupon the Township Clerk shall issue, in duplicate, a license to operate to the owner of the limousine service, showing that the owner of the limousine service has complied with the terms and conditions of N.J.S.A. 48:16-17.

(2)

The license issued by the Township Clerk shall recite the name of the insurance company, the number and date of the expiration of the policy, a description of every limousine insured under said policy, and the registration number of each covered limousine.

(3)

Notwithstanding any provisions contained in this chapter to the contrary, no person lawfully engaged in limousine service on an intrastate basis between or among political subdivisions within the State of New Jersey need obtain a license pursuant to this chapter unless the owner maintains his or her principal place of business within the Township.

Farm produce sales. The sale of farm produce from the premises upon which it is grown or produced shall be exempt from applying for a license under this chapter if such sales are made from a store or stand having less than 200 square feet.

Multiple licensing. It shall be and is hereby declared to be the intent of this chapter that each and every person conducting or carrying on a business located in the Township or within the jurisdiction of the Township shall have one license only under this chapter, with the exception of those businesses which have mechanical amusement devices or vending machines that sell tobacco products. In these cases licenses shall be required for the machines in addition to the business license. It is the further intent of this chapter that the license to be issued for any business shall be for the principal classification or business as designated in this section heretofore; however, whenever any such business may be classified in or subject to two or more principal classifications, in that event the person conducting said business shall be licensed for the classification having the higher license fee.

Vending machines. Any person who wishes to have a vending machine located at his or her place of business located in the Township or within the jurisdiction of the Township shall obtain a business license and, in addition, pay a license fee of $50 per annum for each business location where machines are located, regardless of the number of machines at each location. Business structures or uses shall not display goods for sale purposes or coin-operated vending machines of any type beyond two feet from the structure in which such business activity is carried out. All businesses operating such vending machines shall post the business license issued by the Township for each and every such vending machine in a prominent place at the place of business.

Mechanical amusement devices. Any person who wishes to have a mechanical amusement device located at his or her place of business located in the Township or within the jurisdiction of the Township shall obtain a business license and, in addition, pay an initial license fee of $150 for each new machine and a renewal fee of $100 per annum for each year thereafter. All businesses operating such mechanical amusement devices shall post the business license issued by the Township for each and every such mechanical amusement device in a prominent place at the place of business.

Sidewalk and tent sales. Any person who wishes to have a sidewalk or tent sale located at his or her place of business located in the Township or within the jurisdiction of the Township shall obtain a permit therefor as a temporary use. Such permit for a sidewalk or tent sale shall be effective for no more than four consecutive days and may not be issued to any one business more than five times in any one calendar year. Sidewalk and/or tent sales may not commence earlier than 9:00 am. or continue past sundown. Sidewalk and/or tent sales shall be limited to goods directly related to and sold on a regular basis by the said business. Any and all goods displayed in outdoor, sidewalk or tent displays must be goods that are normally sold at the licensed premises on a day-to-day basis. Any sale of cut flowers by sidewalk and/or tent sale may not be undertaken unless the sale of cut flowers is an item for sale normally sold at the licensed premises on a day-to-day basis and shall not include live, potted or hanging plants or landscape materials. Any sale of live, potted or hanging plants or landscape materials by sidewalk and/or tent sale may not be undertaken unless the sale of such live, potted or hanging plants or landscape materials are items for sale normally sold at the licensed premises on a day-to-day basis. All sidewalk sales must be set up and maintained so that a width of at least four feet of undisturbed sidewalk area is maintained and that such sidewalk sale poses no danger to life, health or safety. All items for such sidewalk sale must be cleared and placed within the place of business at the close of each business day; there shall be no obstructions left on the sidewalk at night. Tent sales may not be placed in a parking lot that would result in a loss of parking spaces or which would interfere with site circulation or create a danger to life, health or safety.

Seasonal sales. Except as set forth in § 212-6D hereinabove, sales of items such as plants, Christmas trees, cut trees, wreaths, farm products, pumpkins and cornstalks which take place on a seasonal basis shall be permitted upon application for a permit therefor. Such permit shall be effective for a period of six months. Seasonal sales may not be held in any public right-of-way and must be set up so that such displays do not result in a loss of parking spaces for more than six weeks, subject to the review and approval of the Zoning Officer, or interfere with site circulation or create a danger to life, health or safety.

Exemptions. Nonprofit and charitable organizations are exempt from applying for a license or permit under this chapter, provided that any such organization abides by all other regulations promulgated hereunder.

§ 212-7 Application of regulations.

For the purpose of this chapter, any person shall be deemed to be in business and thus subject to the requirements of § 212-4 when he does one act of:

(1)

Selling any goods or service;

(2)

Soliciting business or offering goods or services for sale; or

(3)

Acquiring or using any vehicle or any premises in the Township for business purposes.

Canvassers, solicitors, hawkers, peddlers, transient merchants and itinerant vendors, as defined in the ordinances of the Township of North Brunswick, shall, however, be governed by provisions of the ordinances heretofore adopted by the Township of North Brunswick providing for the regulating and licensing of such business activities.[1]

[Amended 7-21-1958]

[1]

Editor's Note: See Ch. 143, Canvassing and Soliciting, and Ch. 188, Hawking and Peddling.

The agents or other representatives of nonresidents who are doing business in this Township shall be personally responsible for the compliance of their principals and of the businesses they represent under this chapter.

No license shall be required of any person for any mere delivery in the Township of any property purchased or acquired in good faith from such person at his regular place of business outside the Township where no intent by such person is shown to exist to evade the provisions of this chapter.

§ 212-8 Contents of license.

Each license issued hereunder shall state upon its face the following:

The name of the licensee and any other name under which said business is to be conducted.

The kind and address of each business so licensed.

The amount of license fee therefor.

The date of expiration thereof.

§ 212-9 Duties of licensee.

Every licensee under this chapter shall:

Permit all reasonable inspections of his business by public authorities so authorized by law.

Ascertain and at all times comply with all laws and regulations applicable to such licensed business.

Avoid all forbidden, improper or unnecessary practices or conditions which do or may affect public health, morals or welfare.

Post and maintain such license upon the licensed premises in a place where it may be seen at all times.

Affix any insignia delivered for use in connection with a licensed motor vehicle on the inside of the windshield of the vehicle or as may be otherwise prescribed by law.

Affix any insignia delivered for use in connection therewith upon the outside of any vending machine or device so that it may be seen at all times.

§ 212-10 Purpose of fees.

[Amended 9-15-1997 by Ord. No. 97-14]

The fees herein imposed for such licenses are imposed for administration, revenue, regulation and control.

§ 212-11 License nontransferable; duplicates.

[Amended 9-15-1997 by Ord. No. 97-14]

At no time shall a license issued under this chapter be transferrable.

In the event that a licensee shall lose or destroy a license or the same shall have been lost or destroyed, said licensee, upon application to the Township Clerk, shall be issued a duplicate license in accordance with the provisions of this chapter.

The Township Clerk shall collect a duplicate license fee of $5 prior to the issuance of any duplicate license to a licensee.

§ 212-12 Refund.

No refund shall be made of any license fee paid on account of a cessation of a business after such license shall have been issued.

§ 212-13 Enforcement.

[Amended 11-7-2005 by Ord. No. 05-30]

The Director of the Department of Community Development, his designee and/or the Township Police Department are hereby authorized and directed to execute and enforce all of the terms and regulations promulgated by this chapter.

§ 212-14 Violations and penalties; notice of violation; revocation of license.

[Amended 9-6-1977; 4-17-2000 by Ord. No. 00-6; 5-15-2000 by Ord. No. 00-10; 9-15-2003 by Ord. No. 03-33; 11-7-2005 by Ord. No. 05-30; 4-17-2006 by Ord. No. 06-06]

Upon a determination by the Township that any person has violated or failed to comply with the provisions of the chapter, the Township shall immediately issue a notice of violation to any such person, applicant, licensee or permitee, affording the individual an opportunity to cure the violation within 72 hours. In the case of a licensee or permittee who has failed to apply for and pay for renewal of a license or permit within 30 days of its renewal date, in addition to any penalties imposed pursuant to this section, the licensee or permitee shall be required to pay a late fee, in addition to the license or permit fee, which late fee shall be calculated in an amount equal to 50% of the cost of the license or permit fee. If the individual, applicant, licensee or permitee fails to cure the violation, the Township shall immediately issue a cease and desist order, including a revocation of license or permit where applicable to the subject premises. Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $2,000 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the Judge. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.

§ 212-15 Businesses that allow nudity.

[Added 4-17-2000 by Ord. No. 00-6]

Any business currently licensed under Chapter 212 that permits any person actually present in the business premises to appear in a state of nudity shall not conduct business activities or otherwise operate after the effective date of this section unless it has applied for and received a license issued after the effective date of this section.