[HISTORY: Adopted by the Township Council of the Township of Delran as Sec. 6-1 of the 1993 Revised General Ordinances. Amendments noted where applicable.]
Alarm systems — See Ch. 65.
Alcoholic beverages — See Ch. 71.
Amusements and amusement devices — See Ch. 76.
Animals — See Ch. 80.
Fees — See Ch. 150.
Retail food establishments — See Ch. 171.
Peddling and soliciting — See Ch. 240.
Poolrooms and billiards — See Ch. 246.
Precious metals and gems — See Ch. 252.
Sexually oriented businesses — See Ch. 285.
Taxicabs — See Ch. 317.
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 Township, except alcoholic beverage licenses, dog licenses and taxicab licenses; provided that tax exempt religious and charitable organizations shall be exempted from paying the license fees provided for in this chapter.
[Amended by Ord. No. 1991-1]
The following terms shall have the following meanings:
- The owner or lessee of real or personal property utilized for an activity for which a license or permit is sought.
- ISSUING AUTHORITY
- The Township Council or any employee or officer of the Township to whom the power to issue the license or permit is granted by any chapter of this Code.
- PERMIT and LICENSE
- Any and all permit or license or approval or certification, renewal or extension thereof required or permitted by any provision of this Code.
- RELATED ENTITY
- Includes, but is not limited to, any corporation in which the applicant owns an equity interest, any partnership in which the applicant is a partner or any business activity in which the applicant has a legal interest, including the use of a liquor license.
- All real property assessments, liens, taxes and utility charges imposed by any unit of local government.
[Amended by Ord. No. 1991-1]
An applicant for a license under this chapter shall file an application with the Township Clerk, unless otherwise stated, and shall give the following information:
Name and business and home address and telephone number of the applicant. If the applicant is a corporation, the name and address of its registered agent and a copy of its certificate of incorporation.
The name and address of the applicant's attorney, if applicable.
The residence of the applicant, if an individual, during the past five years.
If the licensed activity is to be carried on at a fixed location, the address and description of the premises.
If a vehicle is to be used, its description, including the license number.
If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship.
The days of the week and the hours of the day during which the licensed activity will be conducted.
A description of the nature of the business and the goods, property or services to be sold or supplied, or the purpose of the solicitation of canvassing.
The source of supply of the goods or property or services proposed to be sold; where such goods, services or products are located, and the method of delivery.
A statement as to whether the applicant has been convicted of any crime or the violation of any Township 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.
Whether or not a similar license has ever been denied, suspended or revoked. If so, the details of such, including the date and place of such action and the reasons therefor.
Appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate his or her character and responsibility.
The applicant shall be fingerprinted if the Chief of Police determines that fingerprints are necessary for proper identification. Fingerprint records shall be immediately processed for classification and identification.
Two recent photographs of the applicant shall be attached. Photographs shall be approximately 2 1/2 inches square and shall show the head and shoulders of the applicant in a clear and recognizable manner.
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 of the information required by this section relating to each officer of the corporation and the agent who shall engage in the licensed activity and shall be signed by each such officer and agent.
At the time the applicant applies for the issuance of any license or permit, the applicant shall obtain a statement from the Tax Collector setting forth whether any tax is due and owing. Furthermore, the applicant shall obtain a statement from the office of the Construction Code Official and/or Health Officer that all real property owned by the applicant in the Township complies with all the appropriate regulations of the Township, the State of New Jersey and the United States.
The applicant shall pay any and all fees required to obtain the appropriate statement(s), the amount of such fee to be established by the Township Council by way of resolution. In the event that the Tax Collector certifies that taxes are due and owing for any quarter, then the license or permit may be denied. In the event that the statement from the office of the Construction Code Official and/or the Health Officer sets forth the existence of an unabated violation(s), such statement shall be presumptive evidence of such violation(s) and the permit or license may not be issued.
At the time of filing the application, a fee as set forth in § 150-3A shall be paid to the Township Clerk to cover the cost of investigation of the facts stated herein. This fee shall not be prorated or refunded if the application is denied.
Where the licensee is engaged in more than one activity at the same location, which may be subject to more than one fee, such licensee shall be required to pay that fee which would be charged for the activity assessed the highest fee.
Except as otherwise provided, all license fees shall become a part of the general Township treasury.
Upon application properly completed and submitted pursuant to § 203-3, the Clerk shall refer the original and duplicate to the Chief of Police, who shall make, or cause to be made, such investigation of the business responsibility and moral character of the applicant, and, if employed, the applicant's employer, as he or she deems necessary for the protection of the public good. The duplicate shall be kept on file in the Police Department upon completion of the investigation.
If, as a result of such investigation, the moral character or business responsibility of the applicant, or, if employed, the applicant's employer, is found to be unsatisfactory, the Chief of Police shall endorse on the original application his or her disapproval and his or her reasons therefor, and return the original application to the Clerk, who shall notify the applicant, in writing, either by personal delivery to the applicant or by certified mail to the applicant at the address stated in the application, that the application is disapproved, as well as the reasons therefor, and that no license shall be issued. The applicant shall have the right to appeal from any such disapproval pursuant to the provisions of § 203-9. Any determination by the Chief of Police that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:
Conviction of a crime involving moral turpitude.
Prior violation of a peddling or soliciting ordinance.
Previous fraudulent acts or conduct.
Record of breaches of soliciting contracts.
Concrete evidence of bad character.
Such other evidence which established good cause to disapprove the application.
In the absence of such findings, the Chief of Police shall find the application "satisfactory."
If, as a result of such investigation, the character and business responsibility of the applicant, and, if employed, the applicant's employer, are found to be satisfactory, the Chief of Police shall endorse his or her approval on the original application and return the same to the Clerk, who shall, in turn, issue a license to the applicant.
In no case shall a license be issued to any person under the age of 16.
Upon receipt of an application for a license, the Township Clerk shall refer such application to the proper officers for making any necessary inspections. The officers charged with the duty of making the inspection shall make a report thereon within 15 days after receiving the application. The Health Officer shall make an inspection in regard to such licenses in the connection of the care and handling of food, the preventing of nuisances, the spread of disease and for the protection of health. The Construction Code Official shall make any such inspection relative to the construction of buildings or other structures or any other inspections required under any other codes enforced by his or her office. The Zoning Officer shall make any appropriate zoning inspection.
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.
Licenses shall contain the following information:
The name, address and photograph of the licensee.
The name and address of licensee's employer, if any.
The number and type of the license and the nature of the licensed activity.
The address at which the licensed activity is to be conducted, if the activity is to be conducted at a fixed location.
If the licensed activity is to be conducted from a vehicle, the make, model and license number of such vehicle.
The kind of goods or services to be sold.
The date of issuance and expiration date of the license.
The signature of the Clerk or other issuing officer.
Any other appropriate information which the Township Council may, by resolution, require.
[Amended by Ord. No. 1994-19]
All applicants and related entities shall obtain a license prior to conducting any business as set forth in this chapter.
All applicants and related entities shall apply for renewals in a timely fashion prior to conducting business in accordance with this chapter.
[Added by Ord. No. 1994-19]
The Chief of Police, any other police officer, the Township Clerk or any other appropriate Township official shall enforce the provisions of this chapter and may do so as follows:
Civil action. The Township, through its agents or servants, as set forth in this chapter, may institute or maintain a civil action:
Violations and penalties. Any person who violates any provision of this chapter, upon conviction thereof, shall be subject to the penalties set forth in § 1-5, Violations and penalties, for each and every offense. A separate violation shall be deemed to be committed on each day during which the violation occurs or continues.
The Township Clerk shall keep a record of all licenses issued pursuant to this chapter. The record shall contain the same information as is required by § 203-8 to be contained in the license. It shall also indicate the amount of the fee paid for the license, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal and any other information which the Council may, by resolution, require.
The Clerk shall record therein all convictions for violations of this chapter and other pertinent circumstances and incidents reported by the Chief of Police, other Township officials or other persons.
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 all other cases, the licensee shall have his or her certificate of license prominently displayed upon his or her person.
A license shall apply only to the person to whom it was issued and shall not be transferable to another person. Licenses may be transferred from place to place in cases where the licensed activity is conducted at a fixed location, but only with the approval of the Mayor and Council by resolution.
Annual licenses shall expire at 12:00 midnight on December 31 in the year when issued. Where another date has been expressly provided, the license shall expire at 12:00 midnight on the date specified in the license. Applications for the renewal of annual licenses shall be made not later than December 1 of the year of issue.
Any license may be renewed, without payment of an additional registration fee, upon submission by the licensee of a new application in conformity with the requirements of § 203-3 or, in lieu thereof, a sworn written statement setting forth any changes in the information contained in the application for the expired license which are necessary to bring the application completely up to date, or setting forth that there are no such changes. Any new application, or statement in lieu thereof, shall be subject to the provisions and standards set forth in this chapter.
[Amended by Ord. No. 1991-1]
Causes. Any license or permit issued by the Township may be revoked by the Council after notice and a hearing for any of the following causes:
Fraud or misrepresentation in any application for a permit or license.
Fraud, misrepresentation or other material misrepresentation made in the conduct of the licensed activity.
A violation of any provision of this chapter.
Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude.
Conduct of the licensed activity, whether by the licensee or his or her agents or employees, in an unlawful manner or in a manner that constitutes a breach of the peace, a nuisance or a menace to the public health, safety or general welfare.
At any time that any applicant and/or related entity fails to pay taxes for three consecutive quarters, the issuing authority may institute revocation and/or suspension proceedings.
At any time than any applicant and/or related entity, upon certification of the Construction Code Official or Health Officer fails to abate any violation of any regulation with respect to the condition of real property, the issuing authority may institute revocation and/or suspension proceedings, such proceedings to be instituted in accordance with this subsection.
Proceedings under Subsection A(6) and (7) above shall be instituted by the serving of a written notice specifying the grounds for the potential suspension and/or revocation. A hearing shall be scheduled by the issuing authority at which time the applicant and/or related entity shall have the opportunity to present satisfactory evidence that all taxes and assessments have been paid.
Whenever a license has been issued immediately upon application, pending the results of the investigation provided for by this chapter, such license may be summarily revoked if the result of the investigation is such as would have resulted in denial of the application.
In the event the Chief of Police shall determine that there has been a violation, in accordance with the provisions of this section, he or she shall then immediately notify the Township Council of the violation and shall order the licensee to suspend further operation until a hearing, in accordance with the provisions of this section.
Notice of hearing. Notice of hearing for the revocation of a license or permit shall be given, in writing, by the Township Clerk. The notice shall specifically set forth the grounds upon which the proposed revocation is based, and the time and place of the hearing, which shall be within 30 days of the notice. It shall be served by delivering it personally to the licensee or by mailing a copy to the licensee at his or her last known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.
Hearing determination. 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 or her own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his or her 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.
Reinstatement of revoked or suspended license. 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, suspended or denied, nor any person acting for him/her, directly or indirectly, shall be issued another license to carry on the same activity.
Every person to whom a license is issued under the terms of this chapter shall be governed by the following rules and regulations:
All circulars, samples or other matter shall be handed to an occupant of the property and not left on or about the premises.
No person shall enter or attempt to enter the house of any resident in the Township without an express invitation from the occupant of the house.
No person shall conduct himself or herself in such a manner as to become objectionable to or annoy an occupant of any house.
No licensee shall have any exclusive right to any location on any public street, nor shall any licensee be permitted a stationery location, nor be permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets. For the purpose of this chapter, the judgment of the police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced.
[Amended by Ord. No. 1991-1]
Payment of taxes and assessments. No permit or license shall be granted, extended or renewed by any issuing authority unless or until satisfactory evidence is produced that the applicant or related entity has fully paid any and all taxes due to the Township from the applicant and/or related entity.
Compliance with the codes. No permit or license shall be granted, extended or renewed by any issuing authority until any and all real property owned by the applicant and/or related entity in the Township, regardless of whether same is the subject matter of the permit or license application, complies with the requirements of the Code of the Township or the laws of the State of New Jersey or of the United States pertaining to the condition of the property.
This section shall apply to any and all licenses and permits issued or approved by the issuing authority. The provisions of the section shall apply to the real or personal property or activity to which the license has been assigned regardless of the ownership of such property or activity.
The provisions of this section shall apply to the following permits and licenses, and to any other permits and licenses permitted or required to be issued in the future:
Alarm system permits.
Alcoholic beverage licenses.
Amusement places and devices permits.
Certificate of occupancy: zoning.
Coin operated dry-cleaning establishment permits.
Driveway construction permit.
Food and vending machine permits and licenses.
Gold and silver dealer licenses.
Hawkers, peddlers, canvassers and transient merchant licenses or permits.
Individual sewerage disposal permits.
Pet shop licenses.
Retail food establishment licenses.
Soil removal permits.
Street opening and excavation permits.
Swimming pool permits.
Taxicab driver's licenses.
Tree cutting permits.
Uniform construction code permits and certificates.
Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required, 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 other 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 Chief of Police, any other police officer or the appropriate Township official shall enforce the provisions of this chapter.