[HISTORY: Article I adopted by the Township
Committee (now Township Council) of the Township of Pohatcong as indicated
in the article history. Subsequent articles adopted by the Township
Council of the Township of Pohatcong as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch.
112.
Peddling and soliciting and transient merchants — See Ch.
208.
It shall be unlawful for any person, firm or
corporation to conduct, engage in or carry on any business, trade,
occupation or activity as enumerated in this article within the Township
of Pohatcong, New Jersey, without having first complied with the provisions
of this article and obtained a license therefor as is herein provided.
A. Applications for all licenses required by this article
shall be made, in writing, to the Township Clerk. Each application
shall contain the following information, in the suggested format:
(1) The name under which the business is to be conducted.
(2) The name of the applicant. (If a corporation, give
the names and addresses of the President and the Secretary; if a partnership,
give the names and addresses of all parties.)
(4) The address of the business to be conducted.
(5) The nature of the business.
(6) The residence of the applicant during the past five
years (if individual) or the principal place of business during the
past five years (if a corporation or partnership).
(7) A statement that the applicant has never had a license
to conduct the business herein described denied or revoked, except
as noted.
(8) Details of any arrests or convictions for misdemeanors
and crimes (if an individual) or of principal officers (if a corporation
or partnership), including the nature of the offenses for which arrested
or convicted, the date of conviction and the place where said conviction
was obtained.
(9) The business telephone number of the applicant.
(10) The name and address of the attorney, if applicable.
(11) The name and address of the registered agent, if the
applicant is a corporation.
(12) The home phone number where the owner and/or his agent
may be reached in the event of emergency.
B. The undersigned makes the statements above to induce
the Township of Pohatcong to issue the license applied for and agrees
to comply with all laws and ordinances of the Township applicable
to the subject matter thereof.
[Amended 6-12-1990; 10-15-2013 by Ord. No.
13-12]
The licensing requirements of this chapter shall be applicable
to the following businesses:
A. Any business for which the principal place of business or headquarters
is located outside of the Township of Pohatcong.
B. Any business that maintains a registered agent that is located outside
the Township of Pohatcong.
Forms for all licenses and applications therefor
shall be prepared and kept on file by the Township Clerk.
Each license issued shall bear the signature
of the Township Clerk in the absence of any provision to the contrary.
Upon receipt of an application for a license,
the Township Clerk shall refer such application to the proper officers
for making such investigation. The officers charged with the duty
of making the investigation or inspection shall make a report thereon,
favorable or otherwise, within 15 days after receiving the application
or a copy thereof. The Health Officer shall make or cause to be made
an inspection in regard to such licenses in the connection of the
care and handling of food and the preventing of nuisances and the
spread of disease, for the protection of health. The Construction
Code Official shall make or cause to be made any such inspections
relative to the construction of buildings or other structures. The
Zoning Officer shall make the appropriate zoning inspection. All other
investigations, except where otherwise provided, shall be made by
the Chief of Police or his designee.
All licenses shall be approved by motion of
the Township Committee. The Committee shall examine the qualifications of any
applicant for a license or renewal thereof to determine whether said
applicant or licensee has complied with the general laws and statutes
of the state and the ordinances of the Township of Pohatcong, and
said Township Committee shall be guided in making its determination
by the following standards:
A. The Zoning Ordinance of the Township of Pohatcong.
D. The Fire Prevention Code.
E. The reports of all municipal officers required under
this article.
F. Other general laws and public health statutes and
codes of the State of New Jersey applicable to this municipality.
G. The license history of the applicant regarding past
violations, rejections or suspensions and the timeliness of past applications
for licenses and the applicant's continued compliance with license
requirements.
H. Proof of payment of all fees and taxes due up to the
time of the application.
A. In the absence of provisions to the contrary, all
fees and charges for licenses shall be paid in advance at the time
application therefor is made to the Township Clerk. Except as otherwise
provided, all license fees shall become a part of the general Township
treasury.
B. Where the licensee is engaged in more than one activity
as enumerated in this article, at the same location, which may be
subject to more than one fee, said licensee shall be required to pay
that fee which would be charged for the activity assessed the highest
fee.
All annual licenses shall terminate and expire
on the 31st day of December each year. In the event of a termination
or closing of a business or a moving of the business to a location
outside the Township of Pohatcong, the holder of the license shall
notify the Township Clerk of such termination or relocation no less
than 20 days prior to the effective date of the termination or change
of location. The change of location as set forth in this section is
to apply only to those changes of location whereby the business is
moving beyond the boundary lines of the Township of Pohatcong.
No license shall be issued for the conduct of
any business if the premises and building to be used for the purpose
do not fully comply with the requirements of the Township.
The location of any licensed business or occupation
or of any permitted use may be changed, provided that 10 days' notice
thereof is given to the Township Clerk and approval is granted by
the governing body, and provided that the requirements of this article
are complied with.
No business, licensed or not, shall be so conducted
or operated as to amount to a nuisance in fact.
Whenever inspections of the premises used for
or in connection with the operation of a licensed business or occupation
are provided for or required by ordinance or are reasonably necessary
to secure compliance with any ordinance provision or to detect violations
thereof, it shall be the duty of the licensee or the person in charge
of the premises to be inspected to admit thereto for the purpose of
making the inspection any officer or employee of the Township who
is authorized or directed to make such inspection at any reasonable
time that admission is requested.
The Township Committee of the Township of Pohatcong has the right to revoke any
license whenever the holder thereof or any of the licensee's agents
or servants violate any provision of this article or any other appropriate
ordinance of the Township of Pohatcong, the laws of the State of New
Jersey or any rules or regulations promulgated as herein provided.
Prior to the revocation of a license, a notice of the contemplated
action of the Township Committee shall be served upon said licensee,
setting forth such charges as may be the reason for said proposed
revocation and the place, date and hour when the Township Committee
will hear the matter. The licensee may be represented by counsel at
such hearing.
Licenses issued under this article shall be
posted at the place of business shown on said license in a conspicuous
place. Said license shall remain posted for the duration of the licensing
year when issued and so long as the licensed business is in operation.
[Amended 11-7-2006 by Ord. No. 06-27]
A. The license fees to be paid annually, unless otherwise
specified, as hereinbefore provided, to the Township of Pohatcong,
for conducting or engaging business, trade, or activity at the place
designated in the license certificate shall be as follows:
|
Building Size
(square feet)
|
Fee
|
---|
|
Up to 1,000
|
$50
|
|
1,000 to 4,000
|
100
|
|
4,000 to 8,000
|
150
|
|
8,000 to 12,000
|
200
|
|
Over 12,000
|
250
|
B. The number of square feet for the purposes of this article shall be determined by the exterior measurements of the building or buildings being utilized for the commercial purpose and any and all activities related thereto For any business being conducted pursuant to a sublease or license within an existing building, including but not limited to retail kiosks, the fee shall be established at the minimum set forth in Subsection
A.
C. Any license that is not renewed for a continuing business
by January 10 shall be subject to a late fee of $75. Any license required
for a new business that is not obtained within 30 days of the commencement
of the business shall be subject to a late fee of $25.
The fees herein imposed for business and mercantile
licenses are revenue-producing in nature, but said fees are used primarily
in an attempt to cover the costs of inspections of such businesses
to ensure compliance with the laws of the state and the ordinances
of this municipality. It is the legislative intent of this article
to ensure the fact that all businesses of whatsoever kind and wheresoever
located in the Township shall be inspected periodically to ensure
compliance with the laws aforesaid. In certain instances, there are
those businesses which attract unusual amounts of vehicular traffic,
necessitating additional regulation and enforcement. These fees provide
a reasonable relationship to the costs of regulation and administration.
This article shall not apply to any business
or occupation licensed under those various laws of this state which
prohibit licensing by municipalities.
[Amended 11-7-2006 by Ord. No. 06-27]
This article shall be enforced by the Pohatcong
Township Police Department and any member of the Pohatcong Township
Council designated by resolution of the Council as a "Code Enforcement
Officer."
[Amended 11-7-2006 by Ord. No. 06-27]
In addition to a late fee to be imposed pursuant to §
179-16C, any individual or entity that conducts business without a license after being noticed of the requirement to obtain the same shall be subject to a minimum fine of $100 and a maximum fine not to exceed $1,250. Any person or entity convicted of violating the provisions of this article within one year of a previous violation shall be sentenced by the Court to an additional fine as a repeat offender which said fine shall be calculated separately from the fine imposed for the violation of the article.
This article shall take effect as of January
1, 1990, after its final passage and publication as provided by law.
Prior to the issuance or renewal of any license
or permit issued by or requiring the approval of the municipality,
said property owner or applicant shall provide to the Township proof
that said taxes have been paid or that said taxes are not delinquent
for more than the last three consecutive quarters.
The Municipal Clerk, upon notification that
taxes on a particular property are delinquent for three or more consecutive
quarters, shall notify the governing body of said delinquency and
the municipality may revoke or suspend any license or permit which
may have been issued on a prior occasion.
Upon the payment of the delinquent tax or assessment,
the license or permit shall be restored.
The above ordinance shall not apply to licenses
issued pursuant to the Alcoholic Beverage Control Act, N.J.S.A. 33:1-1
et seq.