The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
BUSINESS
Any person, firm, corporation, association, partnership,
executor, administrator, trustee or other legal entity, singular or
plural, as the context requires, or any agent or general manager thereof.
CRIME RISK THRESHOLD or CRT
The statistically determined level of criminal activity at
any business location in the City during the immediately preceding
twelve-month period. A CRT will be established for each of two categories
of criminal activity on the properties of the business surveyed based
on the Part 1 and Part 2 crimes listed in the definition of the term
"criminal activity" below that have occurred on such properties.
[Added 11-21-2017 by Ord.
No. 17-73]
CRIMINAL ACTIVITY[Added 11-21-2017 by Ord. No. 17-73]
A.
The commission of one or more of the following crimes listed
in the categories designated as Part 1 and Part 2 crimes by the Federal
Bureau of Investigation's Uniform Crime Report ("UCR") that result
in the preparation of an offense report by the Police Department,
namely:
(1)
Part 1 Crimes: murder, rape, robbery, aggravated assault, burglary,
theft and auto theft; and
(2)
Part 2 Crimes: other assaults, narcotics offenses (restricted
to those of delivery, possession, or manufacture), arson, vandalism,
weapons offenses, prostitution, gambling and disorderly conduct.
B.
The following UCR crimes shall not be deemed criminal activity
under this article: suicide, all offenses involving domestic violence,
forgery and counterfeiting, fraud, embezzlement, stolen property (buying,
receiving or possessing), crimes against family and children, driving
while intoxicated, violation of alcoholic beverage laws, and vagrancy.
INSPECTION
The on-site assessment by any City official and/or officers
of the Police Department of the physical, operational and on-site
measures in effect on the property that might be determined a nuisance
and/or affect the level of criminal activity, to determine the remedial
measures deemed most appropriate to reduce criminal activity at such
property.
[Added 11-21-2017 by Ord.
No. 17-73]
MANAGER
The person appointed or hired by the owner to be responsible
for the daily operations of the business.
[Added 11-21-2017 by Ord.
No. 17-73]
MERCHANDISE
Any goods, wares or commodities bought or sold in the usual
course of trade or business.
MERCHANT
Any person engaged in the business of selling merchandise
at retail or wholesale.
NOTICE OF VIOLATION
A notice issued by an official of the City of Trenton advising
a business of a violation of this chapter and the penalty therefor.
NUISANCES (defined and prohibited)
Any matter, thing, condition or act which is or may become
an annoyance, detrimental, a menace or interfere with the health,
comfort, safety or general well-being of the inhabitants of this municipality.
[Added 11-21-2017 by Ord.
No. 17-73]
REMEDIAL MEASURES
Reasonable actions to be taken or implemented on the property,
including but not limited to property improvements (fencing, lighting,
controlled access, etc.); operational practices [presence of on-site
personnel licensed under the Security Officer Registration Act, P.L.
2004, c. 134, or certified police officer(s)]; and other remedial
measures that have proven effective in reducing criminal activity.
[Added 11-21-2017 by Ord.
No. 17-73]
RETAIL MERCHANT
Any merchant who sells to the customer or for any purpose
other than resale.
SALE
The transfer of ownership, title or possession, whether conditional
or otherwise, for a consideration.
A license is required for the privilege of engaging in any business listed in §
146-20 within the City. Such license fee shall be applicable to any business maintaining a permanent business location or branch office within the City.
Every business engaging in any activity described herein in
the City, before entering in any such business, shall make application
for a business license to the City Clerk, and no business shall engage
in any such business until after having made such application and
obtaining the required license from the City Clerk and paying the
amount of the license hereinafter described.
Evidence of engaging in business: the fact that any business
represents itself as being engaged in any operation for the transaction
of which a license is required, or that such a business exhibited
a sign or advertisement indicating such shall be evidence of strict
liability of such business to pay an license fee and/or penalties
as set forth herein.
An application as supplied by the City Clerk must be completed.
As a prerequisite to receiving a license receipt under this article
or transferring a business license, the applicant or new owner must
present to the City a copy of the applicant's or new owner's current
business registration, issued by the Division of Taxation of the New
Jersey Department of Treasury.
All businesses lawfully engaged in any occupation, trade or business listed in §
146-20 and holding valid state and county licenses shall be subject to the same regulations by this chapter as are any other persons who subsequently seek to carry on any occupation, trade or business within the City.
The City Clerk is authorized to levy and impose license fees,
by ordinance, for the purpose of regulation and revenue, upon all
businesses and to create and fix the amounts to be paid; to provide
for the collection of the same and to provide penalties for failure
or refusal to pay such licenses. Business licenses shall be issued
for the periods and be transferable as provided by ordinance.
It is hereby made the duty of the City Clerk to appoint a license
inspector of the City. Such license inspector shall have the authority
to investigate all businesses in the City. The inspector shall make
such inquiry as necessary to determine whether or not a license as
required under this chapter has been procured for the business. The
inspector shall report to the City Clerk the names of all entities
engaged in business without a license. The license inspector shall
also have the authority to issue a notice of violation for the violation
of any provision of this chapter.
[Amended 11-21-2017 by Ord. No. 17-73]
A. No license
shall be issued or granted to any applicant to engage in the business
of selling or disposing of merchandise of any kind, at retail or wholesale,
or the practice or pursuit of any profession or occupation in this
City, except upon the terms and conditions and subject to the provisions
of this chapter.
B. Responsibilities of owners and operators.
(1) The owner of any premises within the City which is primarily and regularly devoted to the uses described in §
146-20 shall be responsible for any person having dominion or control of the premises in the absence of the owner, to ensure compliance with the licensing and other provisions of this chapter.
(2) It shall be the further obligation of the owner to have available
on the premises an adult person who shall be the representative of
the licensee and who shall be responsible to correct or abate any
and all violations of this chapter or any breach of the peace in cooperation
with the officers and agents of the City. In the event of any violation
of this chapter, the owner and/or other person having tenancy, dominion
or control over such premises at the time of the occurrence of the
violation shall be subject to the penalties prescribed herein.
C. Conduct of premises; nuisances. No person, owner, tenant or occupant shall conduct any licensed premises in such a way as to create a nuisance, or to allow the existence of a nuisance, to the detriment of the peace and tranquility of the neighborhood by allowing, permitting or suffering on or about the premises, including any sidewalk area, and other portions of the licensed premises immediately adjacent to, and a part of, the property for which the license has been issued, any loud, disorderly or unlawful behavior of any invitee or patron or other person whether or not specifically invited to occupy or visit the premises licensed. It shall be the responsibility of the person described in §
146-9B(2) hereof to take reasonable action to maintain the peace and tranquility of the neighborhood in which the licensed premises is situated by actively abating and removing any such conduct. Any and all complaints of criminal activity, noise or nuisances of any sort registered by any person with the police or the City Clerk shall be processed and used to establish a criminal risk threshold (CRT) subjecting the licensee to inspection for license disciplinary hearings, which could result in the implementation of remedial measures, suspension or revocation of the license pursuant to the procedures set forth in Chapter
146, Licensing.
Prior to receiving a license under this article or transferring
a business license, the applicant or new owner must present to the
City Clerk proof of property taxes paid to current status if said
applicant is the owner of said premises where the business is situated.
In addition, any licensee considered delinquent or to have an outstanding
fee and/or fine for any service within the City shall be required
to pay all outstanding fees prior to renewal of license.
An individual license shall be required for each location of
a business operating in the City regardless of affiliation with any
other licensee.
Every business having a license shall exhibit same when called
upon to do so by an authorized official of the City, and all licenses
must be conspicuously displayed at all times. Failure to exhibit the
license shall be deemed a violation of this chapter.