[HISTORY: Adopted by the Township Committee
of the Township of Delanco as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-2-1985 by Ord. No. 1-1985 (Ch. 22 of the 1971 Code)]
The following terms shall, for the purpose of
this chapter, have the meanings indicated in this section:
A merchant, person, firm, partnership, professional or corporation
engaged in commerce, manufacturing or a service; profit-seeking enterprise
or concern.
[Amended 12-19-1994 by Ord. No. 14-1994]
Any person who deals in every kind of commercial commodity
and passes goods from one person to another for an equivalent in goods
or money, or who buys or sells goods or merchandise in a store or
shop, and keeps a store or shop for that purpose.
An individual or group of individuals, partnership or members
of a partnership, corporation or shareholder, director or officer
in a corporation.
It shall be unlawful for any person to engage
in or carry on any business within the Township of Delanco without
having first complied with the provisions of this chapter by obtaining
a license therefor as is provided herein.
The following regulations shall apply when applying
for a license:
A.
Applications for all licenses required by this chapter
shall be made in writing to the Township Administrator.
B.
Each application shall contain the following information
in the format herein suggested:
(1)
The name under which the business is to be conducted.
(2)
The name of the applicant. (If a corporation, provide
names and addresses of the president and secretary; if a partnership,
provide names and addresses of all partners.)
(3)
The present residence.
(4)
The address where the business is to be conducted.
(5)
The nature of the business.
(6)
The residence of the applicant during the past five
years, if the applicant is an individual.
(7)
Indication whether the applicant has ever had a license
to conduct a business anywhere denied or revoked and set forth details
concerning the same.
(8)
Details of any arrests or convictions for crimes and
disorderly conduct, including the nature of the offense for which
arrested or convicted, the date of conviction and the court in which
said conviction occurred.
(9)
The applicant's business telephone number.
(10)
The name and address of the applicant's attorney,
if applicable.
(11)
The name and address of the applicant's registered
agent, if the applicant is a corporation.
(12)
The home telephone number or numbers where the
owner and/or his or her agent may be reached in the event of an emergency.
C.
The application should contain a certification that the statements made by the applicant in connection with the application and covering the information requested in Subsection B are true and that the applicant makes such statements to induce the Township of Delanco to issue a business license covering the applicant's business and that the applicant agrees to comply with all laws and ordinances of the Township applicable to the same.
[Amended 12-19-1994 by Ord. No. 14-1994]
[Amended 12-19-1994 by Ord. No. 14-1994]
When any person shall, by the use of signs,
circulars, business cards, newspapers, other publications, radio or
television stations, advertise or solicit patronage actively or passively,
it shall be considered prima facie evidence of liability under this
chapter, and a license shall be required for such business.
Forms for all licenses and applications therefor
shall be prepared and kept on file by the Township Administrator.
Each license issued shall bear the signature
of the Township Administrator in the absence of any provision to the
contrary.
[Amended 12-19-1994 by Ord. No. 14-1994]
Upon receipt of an application for a license,
the Township Administrator shall refer such application to the following
departments or boards for investigation, approval and certification:
A.
Planning Board. The owner(s) of any commercial building
or property or their agent(s) with written approval from the owner(s)
must have an approved site development plan or site plan waiver for
any change of commercial use, occupancy or ownership.
B.
Zoning Board. The commercial use of any property must comply with Chapter 110, Zoning, of the Code of the Township of Delanco, and the Zoning Officer shall make all appropriate zoning inspections in order to ensure compliance.
C.
Construction Code Official. When any change of commercial
use, occupancy or ownership occurs, the owner(s) of the building or
property or their agent(s), with written approval from the owner(s),
shall request from the Construction Code Official a continued certificate
of occupancy as outlined in N.J.A.C. 5:23-2.23(c). If there is no
change of use and only a change of occupancy or ownership has occurred,
a continued certificate of occupancy that was issued in the past 60
days will be considered a valid certificate of occupancy. The applicant
shall provide the Construction Code Official with copies of all Planning
Board and Zoning Board approvals. The applicant shall provide the
Construction Code Official with a list of any materials that will
be stored, processed, manufactured or handled in conjunction with
the business, and copies of the Material Hazard Data Sheets shall
be provided.
D.
Police Department. All police investigations shall
be made by the Chief of Police or his or her designee.
E.
Copies of the New Jersey Workers and Community Right
To Know Survey and Material Hazard Data Sheets must be supplied to
the local agencies as outlined in the act.
All licenses shall be approved by the governing
body, who shall examine the qualifications of any applicant for a
license or renewal thereof to determine whether the applicant or licensee
has complied with the general laws and statutes of the state and the
ordinances of the Township of Delanco, and the governing body shall
be guided in making its determination by examining compliance with
the following standards:
B.
The building code.
C.
The sanitary code.
D.
The fire prevention code.
E.
The reports of all municipal officers required under
this chapter.
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.
A.
In the absence of provisions to the contrary, all
fees and charges for licenses shall be paid in advance at the time
application is made therefor to the Township Administrator. Except
as otherwise provided, all license fees shall become a part of the
township's general treasury.
B.
Where the licensee is engaged in more than one activity
as enumerated in this chapter, 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 Delanco, the holder of the license shall notify the Township Administrator of such termination or relocation not 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 Delanco. Changes of location within the Township of Delanco are governed by § 205-13 of this chapter.
[Added 11-1-1993 by Ord. No. 17-1993]
All annual licenses shall be renewed by March
31 of each year.
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 license business or occupation
or of any permitted use may be changed, provided that 10 days' notice
thereof is given to the Township Administrator and approval is granted
by the governing body, and also provided that the requirements of
this chapter 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 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
an 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 governing body shall have the right to revoke
any license whenever the holder thereof, or any of the licensee's
agents or servants, violates any provision of this chapter or any
other appropriate ordinance of the Township of Delanco, the laws of
the State of New Jersey or any rules or regulations promulgated as
herein provided. Prior to the revocation of the license, however,
a notice of the contemplated action of the governing body shall be
served upon said licensee setting forth such charges as may be the
reason for the proposed revocation and the place, date and hour when
the governing body will hear the matter. The licensee may be represented
by counsel at such hearing.
Licenses issued under this chapter 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 12-19-1994 by Ord. No. 14-1994]
A.
The following shall be the fees charged annually for
a business license for the businesses hereinafter referred to:
[Amended 12-17-2007 by Ord. No. 2007-15]
|
Business
|
Fee
| ||
|---|---|---|---|
|
Automobile sales agency, franchised
|
$100
| ||
|
Marinas
|
$100
| ||
|
Recreation facility, outdoor
|
$50
| ||
|
Service stations:
| |||
|
With bays
|
$100
| ||
|
Fuel only
|
$75
| ||
|
Used car lots
|
$75
| ||
|
Others, according to square feet of floor space:
| |||
|
Up to 4,999
|
$50
| ||
|
5,000 to 14,999
|
$75
| ||
|
15,000 to 29,999
|
$150
| ||
|
30,000 and over
|
$300
| ||
B.
For all businesses. An additional fee of $20 per month
for business license applications submitted after March 31 or for
business license applications submitted by a new business 30 days
after the date of adoption of a resolution by the Joint Land Use Board.
[Added 12-21-1998 by Ord. No. 16-1998]
[Amended 12-19-1994 by Ord. No. 14-1994]
The fees herein imposed for business licenses
are revenue-producing in nature, but said fees are used primarily
in an attempt to cover the costs of inspections of the businesses
involved and to ensure compliance with the laws of this state and
the ordinances of this municipality. It is the legislative intent
of this chapter 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 as 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 cost of such regulation
and administration.
[Amended 12-19-1994 by Ord. No. 14-1994]
The Township Committee may license any merchant,
person, firm, partnership, professional or corporation conducting
any business whatsoever in the township, except when expressly prohibited
by general law, whether a license may be required therefor by the
state or not, and may exceed the state license, if any is required.
The proper enforcement of the provisions of
this chapter dealing with mercantile licenses shall be within the
jurisdiction of the Police Department of this township and, additionally,
within the jurisdiction of those officers charged with providing the
necessary inspections and regulations.
[Amended 1-19-1998 by Ord. No. 1-1998]
Pursuant to N.J.S.A. 40:49-5, as amended, any person, firm association or corporation violating any section of this chapter shall, upon conviction in the court having competent jurisdiction, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty. Each day of violation shall be considered a separate violation for the purpose of the enforcement of this chapter.
[Adopted 3-7-2016 by Ord.
No. 2016-2]
A.
The purpose and intent of this article is to assist law enforcement
officials and victims of crime in recovering stolen precious metals,
gems, gemstones and/or other articles by requiring reasonable reporting,
maintenance and distribution criteria for secondhand and transient
dealers.
B.
No person shall use, exercise or carry on the business, trade or
occupation of buying, receiving, receiving for pawn or selling of
any property described in Appendix I of this article, or operate as
a dealer of said property within the Township of Delanco, without
having first obtained a license from the Township of Delanco Police
Department as hereinafter provided.[1]
[1]
Editor's Note: Appendix I is included as an attachment
to this article.
For the purposes of this article, the following terms, phrases,
words and their derivations shall have the meanings ascribed herein.
Words used in the present tense shall include the future, words in
the plural number shall include the singular number and words in the
singular number shall include the plural number. The word "shall"
is always mandatory and not merely directory.
Acceptable forms of identification include a current valid
New Jersey driver's license or identification card issued by
the New Jersey Motor Vehicle Commission, a current valid photo driver's
license issued by another United States state, other verifiable United
States government issued photo identification with address, or valid
United States passport and evidence of current address. All of the
above-listed identification procedures require the dealer to capture/record
evidence of the person's current address.
Any article of merchandise, including any portion of such
article, whether a distinct part thereof or not, including every part
thereof, whether separable or not, and also including material for
manufacture, and as so defined in N.J.S.A. 51:6-1.
The Chief of Police of the Township of Delanco or his designee/representative.
A computerized Internet-capable database with hardware and
software compliant with standards set by the Chief of Police.
Any person, partnership, corporation, or other entity, whether
permanent or itinerant, who on one or more occasions (through any
means) buys or sells, receives for pawn or otherwise exchanges or
trades any property as described in Appendix I of this article,[1] and includes anyone advertising the purchase, sale or
receipt for pawn of any of the aforementioned items.
Is a restricted monetary equivalent or scrip that is issued
by retailers or banks to be used as an alternative to a nonmonetary
gift.
Any business conducted intermittently within the Township
of Delanco or at varying locations.
A bailment of personal property as security for any debt
or engagement redeemable upon certain terms and with the implied power
of sale or default.
Any individual natural person, partnership, joint venture,
business, society, associate, club, trustee, trust, corporation, or
unincorporated group, or an officer, agent, employee, servant, factor
or any form of personal representative of any thereof, in any capacity,
acting for self or on behalf of another.
Comprised of gold, silver, sterling, platinum and/or their
alloys as defined in N.J.S.A. 51:5-1 et seq., N.J.S.A. 51:6-1 et seq.
and/or N.J.S.A. 51:6A-1 et seq.; gems, gemstones, coins and all forms
of jewelry herein contained.
Individuals and other retail sellers, not to include businesses
engaged primarily in wholesale transactions.
The exchange of money or other consideration for the pledge,
sale, conveyance or trade of any property described in Appendix I
of this article.[2]
Every transaction conducted by a dealer in which property
described in Appendix I of this article is purchased, pawned or exchanged
from or with the public, as that term is defined in this section.
Any article previously sold, acquired, exchanged, conveyed,
traded or otherwise formerly owned, including but not limited to scrap
gold, old gold, silver, jewelry, home electronics/audio and visual
equipment, musical instruments, telephones and telephonic equipment,
scales, computers, computer hardware and software, typewriters, word
processors, scanners, sporting goods of all kinds, antiques, platinum,
all other precious metals, tools of all kinds, televisions, DVRs,
GPS, camcorders, car stereos, gift cards, furniture, clothing, other
valuable articles, or as listed in Appendix I.
A dealer who has not been in any retail business continuously
for at least six months at that address in the municipality where
the dealer is required to register. The term "transient buyer" will
also include a dealer who intends to close out or discontinue all
retail business in the Township of Delanco within six months, or as
so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1. Vendors doing
business during a community event sponsored/sanctioned by the Township
of Delanco shall not be considered a transient buyer.
Every dealer conducting business or intending to conduct business
within the jurisdiction of the Township of Delanco shall first register
with the Chief of Police, who shall fingerprint the applicant and
institute such an investigation of the applicant's moral character
and business responsibility as he deems necessary for the protection
of the public welfare. In the event that the dealer is a business
entity other than a sole proprietorship, the officers in a corporation
or the partners in a partnership (or limited partnership) shall be
deemed to be the applicant(s) who shall be fingerprinted and investigated
in accordance with this article. Upon completion of the investigation,
the Chief of Police shall either issue or deny the license based upon
the results of his investigation. Upon issuance of the license, the
applicant shall be given a copy of this article.
A.
There shall be no separate fee for the issuance of this license,
but every licensee must hold a general business license in the Township
of Delanco.
B.
A license issued under the provisions of this article shall not be transferable and shall terminate on December 31 of the year in which said license is issued, unless it is renewed pursuant to the provisions of Subsection C below.
C.
On or about November 1 of each year, the Chief of Police shall make
available a renewal application for each licensed dealer under this
article. Upon submission of the renewal application, the license will
be renewed unless the dealer has violated provisions of this article.
In such case the Chief of Police will notify the dealer, who may request
a hearing as described herein.
A.
Licenses issued under the provisions of this article may be revoked
by the Director of Police after a hearing, upon notice to the applicant,
for any of the following causes:
(1)
Fraud, misrepresentation, or false statement contained in the application
for license;
(3)
Any violation of this article;
(4)
Conviction of any crime;
(5)
Conviction of any disorderly persons offense involving moral turpitude;
(7)
Conducting the business of soliciting or canvassing in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety, or general welfare
of the public.
B.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least 10 business
days prior to the date set for the hearing. The hearing shall be conducted
by the Chief of Police.
Every dealer within the Township of Delanco shall, upon the
purchase, receiving for pawn, or receiving for consignment of any
property described in Appendix I of this article from the public,[1] as this term is defined in § 205-24, be required to:
A.
Record, using a unique transaction number, the name, address and
telephone number of the seller or sellers; the time and date of the
transaction; the net weight in terms of pounds troy, pennyweight (troy)
or kilograms/grams of the precious metals; fineness in terms of karats
for gold, and sterling or coin for silver, in accordance with N.J.S.A.
51:5-1 et seq. and N.J.S.A. 51:6-1 et seq. and any property containing
a serial number.
B.
Document, through use of an electronic database software system as designated by the Chief of Police, the information listed in § 205-28C(1) through (6). These records shall be subject to the inspection of any sworn police officer acting in the performance of his or her duties.
C.
Through the use of applicably required computer equipment, and using
the electronic format approved by the Chief of Police, enter all transactions
into the electronic database within 48 hours from the date of purchase,
including the following information:
(1)
The name, address, date of birth, telephone number, and governmental
identification number of the seller;
(2)
A full description of property sold or pawned by the seller, including
but not limited to marks, numbers, dates, sizes, shapes, initials,
monograms and serial numbers, face value and identifying numbers of
gift cards;
(3)
The price paid for the property;
(4)
The entry must include the name of the clerk or the dealer who made
the transaction so as to readily identify that individual.
(5)
A color photograph or color image of the seller's presented
governmental photo identification scanned into the transaction record.
(6)
A color photograph or color image of all property sold scanned into
the transaction record. When photographing or imaging, all property
must be positioned in a manner that makes it readily and easily identifiable.
D.
All of the above-described property cannot be sold or disposed of
and shall be made available for inspection by any sworn police officer
in the performance of his or her duties for a period of three business
days from the date the information required above is received by the
Chief of Police in the prescribed electronic format. The property
shall remain in the same condition as when purchased and shall not
be changed, modified, melted or disposed of by the dealer until the
three-day period has expired. If the property is such that it would
create a hardship on the dealer by holding the property for such period,
the dealer may present the property to the Chief of Police in order
that it may be photographed and, if deemed necessary by the Chief
of Police, an investigation be implemented. The Chief of Police has
the authority to grant the dealer a waiver of the requirement under
this section.
E.
In the event of a database failure or dealer's computer equipment malfunctions, all transaction information is required to be submitted on paper forms approved by the Chief of Police. In the event that paper forms are used, the dealer is responsible to enter all required transaction information described in § 205-28C(1) through (6) into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of the article and may result in the revocation of the dealer's license under § 205-27 of this article.
F.
It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the Delanco Police Department or any other sworn police officer acting in the performance of their duties to examine any database, book, ledger, or any other record on the premises relating to the purchase of property from the public as defined in § 205-24. Delanco Township police officers are empowered to take possession of any property known by a police officer or official to be missing or to have been stolen or where the officer or official has probable cause to believe the article is missing or stolen. A receipt will be provided to the dealer for any property seized by the Delanco Township Police Department.
[1]
Editor's Note: Appendix I is included as an attachment
to this article.
This article shall not apply to purchases made by dealers from wholesalers or other legitimate suppliers but shall only apply to those purchases made from the public, which includes other retail sellers, as defined in § 205-24. The dealer shall keep records of all wholesale purchases for a period of six months from the date of such purchase, which records shall be opened to investigation by the Delanco Township Police Department or any sworn police officer in the performance of their duties.
No dealer within the Township of Delanco shall purchase any
property as defined in Appendix I from any person under the age of
18 years.
Pursuant to N.J.S.A. 40:49-5, as amended, any person, firm, association or corporation violating any section of this article shall, upon conviction in the court having competent jurisdiction, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty. Each offense shall be considered a separate offense under this article. Each day of violation shall be considered a separate violation for the purpose of the enforcement of this article. Each violation shall result in ten-day suspension of the dealer's license under this article.
