[HISTORY: Adopted by the Borough Council
of the Borough of Carteret 12-15-1970 as Sec. 7-1 of the 1970 Revised
Ordinances, as amended through 3-5-1974. Amendments noted where applicable.]
GENERAL REFERENCES
Advertising materials — See Ch. 60.
Amusement games — See Ch. 75.
Bicycles — See Ch. 83.
Bingo and raffles — See Ch. 85.
Circuses, carnivals and other entertainment — See Ch. 105.
Dance halls — See Ch. 114.
Home improvement contractors — See Ch. 146.
Junkyards and junk dealers — See Ch. 154.
Peddling and soliciting — See Ch. 186.
Poolrooms and billiard parlors — See Ch. 191.
Sale of precious metals and gems — See Ch. 195.
Shopping centers — See Ch. 210.
Sale of solid fuel — See Ch. 215.
Trailer parks — See Ch. 243.
Wreckers — See Ch. 270.
Fees, licenses and permits (Board of Health) — See Ch. 294.
The purpose of this chapter is to provide a
uniform set of procedures for administering the issuance, renewal
and revocation of all licenses issued by the borough, except alcoholic
beverage licenses, dog licenses and taxicab licenses.[1]
An application for a license shall be accompanied
by the required fee and shall be made to the Borough Clerk upon forms
provided by him.
A.
It shall contain the following information:
(1)
The name and permanent and local address of the applicant;
if the applicant is a corporation, the name and address of its registered
agent.
(2)
If the licensed activity is to be carried on at a
fixed location, the address and description of the premises.
(3)
If a vehicle is to be used, its description, including
the license number.
(4)
If the applicant is employed by another, the name
and address of the employer, together with credentials establishing
the exact relationship.
(5)
The days of the week and the hours of the day during
which the licensed activity will be conducted.
(6)
A description of the nature of the business and the
goods, property or services to be sold or supplied.
(7)
A statement as to whether the applicant has been convicted
of any crime or the violation of any municipal ordinance other than
traffic offenses and, if so, the date and place of conviction, the
nature of the offense and the punishment or penalty imposed.
(8)
Appropriate evidence as to the good character and
business responsibility of the applicant so that an investigator may
properly evaluate his character and responsibility.
B.
The applicant shall be fingerprinted if necessary
for proper identification. Fingerprint records shall be immediately
processed for classification and identification.
C.
Applications by partnerships shall be signed by all
partners, with the information required by this section supplied in
detail as to each partner. Applications of corporations shall have
attached individual statements containing all the information required
by this section relating to each employee or agent who shall engage
in the licensed activity and shall be signed by each employee or agent.
D.
The application shall be accompanied by two photographs,
not over one year old and of a minimum size of 1 1/2 by 1 1/2
inches, showing the applicant's face, front and profile.
A.
Each application shall be referred to the Chief of
Police or a police officer designated by him, who shall immediately
institute whatever investigation he considers necessary for the protection
of the public concerning the applicant's business responsibility,
moral character and ability to properly conduct the licensed activity.
He shall report his findings, in writing, to the Clerk within a reasonable
time after the application has been filed. If the investigator decides
that the applicant's character, ability or business responsibility
is unsatisfactory or the products, services or activity are not free
from fraud, he shall disapprove the application, and the Clerk shall
refuse to issue the license and so notify the applicant. Otherwise,
the Clerk shall issue the license immediately, provided that the required
license fee has been paid and except in cases where approval of the
Council is required. In the case of an application for a solicitor's,
peddler's or canvasser's license, the license may be issued immediately
subject to investigation. In the event of the disapproval of a license,
the applicant may appeal to the Council for hearing. The appeal must
be filed, in writing, with the Clerk within 14 days after notification
of the disapproval. The Council shall hold its hearing within 10 days
thereafter, and its decision shall be final.
B.
The Police Department shall charge $25 for each letter
of good conduct or background check.
[Added 4-24-2008 by Ord. No. 08-18]
C.
In addition, the Police Department shall charge a
fee of $25 for fingerprinting.
[Added 4-24-2008 by Ord. No. 08-18]
The license shall be in a form which the Council
shall prescribe by resolution and shall contain the following information:
A.
The name and address of the licensee.
B.
The number and type of the license and the nature
of the licensed activity.
C.
The address at which the licensed activity is conducted,
if the activity is carried on at a fixed location.
D.
If the licensed activity is conducted from a vehicle,
the make, model and license number of the vehicle.
E.
The expiration date of the license.
F.
Any other appropriate information which the Council
may require by resolution.
The Clerk shall keep a record of each license
issued under this chapter, in such form as the Council shall prescribe
by resolution, and which contains the same information as is contained
in the license. It shall also indicate the amount and date of payment
of the license fee, the date of issuance, whether it is a new license
or a renewal, and any other information which the Council may require
by resolution.
When the licensed activity is conducted at a
fixed location or from a vehicle, the license shall be prominently
displayed at the location or on the vehicle. In any other case, the
licensee shall have the license in his possession at all times and
display it upon the request of any police officer or any person with
whom he is doing business.
A license shall apply only to a person to whom
it is issued and shall not be transferable to another person. A license
may be transferred from place to place where the licensed activity
is conducted at a fixed location, but only with the approval of the
Council by resolution. The fee for the transfer of a license from
place to place shall be $5.
A.
Except where expressly provided otherwise, all licenses
shall expire on December 31 of the year of issue at 12:00 midnight.
Applications for renewal shall be made not later than December 1 of
the year of issue.
B.
When an application for a license is made during the
course of any calendar year, the fee shall be prorated to the nearest
month. Any period of time greater than 1/2 of a month shall be considered
a full month for this purpose.
A.
Any license or permit issued by the borough may be
revoked by the Council after notice and a hearing for any of the following
causes:
(1)
Fraud or misrepresentation in an application for a
permit or license.
(2)
Fraud, misrepresentation or other dishonesty in the
conduct of the licensed activity.
(3)
A violation of any provision of this Code.
(4)
Conviction of the licensee for any felony or high
misdemeanor or a misdemeanor or disorderly person's offense involving
moral turpitude.
(5)
Conduct of the licensed activity, whether by the licensee
himself or his agents or employees, in an unlawful manner or in manner
that constitutes a breach of the peace or a menace to the public health,
safety or general welfare.
(6)
Whenever a license has been issued immediately upon
application, pending the results of the required investigation, such
license may be summarily revoked if the result of the investigation
is such as would have resulted in disapproval of the application.
B.
Notice of a hearing for the revocation of a license
or permit shall be given in writing, by the Clerk. The notice shall
specifically set forth the grounds upon which the proposed revocation
is based and the time and place of the hearing. It shall be served
by mailing a copy to the licensee at his last known address by certified
mail, return receipt requested, at least five days prior to the date
set for the hearing.
C.
At the hearing, the licensee shall have the right
to appear and be heard, to be represented by an attorney, to present
witnesses in his own behalf, to cross-examine opposing witnesses and
to have a permanent record made of the proceedings at his own expense.
The Council shall revoke or suspend the license if it is satisfied
by a preponderance of the evidence that the licensee is guilty of
the acts charged.
The Council may issue another license to a person
whose license has been revoked or denied if, after hearing, it is
satisfied by clear and convincing evidence that the acts which led
to the revocation or denial will not occur again. Otherwise, no person
whose license has been revoked or denied, nor any person acting for
him, directly or indirectly, shall be issued another license to carry
on the same activity.
The Council may, by resolution, make rules and
regulations which interpret or amplify any provision of this chapter
or for the purpose of administering or making more effective the provisions
of this chapter. No regulation shall be inconsistent with, alter or
amend any provision of this chapter, and no regulation shall impose
any requirement which is in addition to or greater than the requirements
that are expressly or by implication imposed by any provision of this
chapter.
[Added 4-19-1990 by Ord. No. 90-16]
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalties set forth in § 1-17 of this Code.
