[Adopted 12-13-1971 by Ord. No. 763 as
Ch. VII, Sec. 7-1, of the 1971 Revised General Ordinances]
The purpose of this article 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.
A.
Except as otherwise specifically provided, all applications
for licenses shall be made to or through the Borough Clerk upon forms
provided by him or her and 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 a 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 or her character and responsibility.
B.
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.
C.
Applications by partnerships and other nonincorporated
entities shall be signed by all partners, with the information required
by this section supplied in detail as to each partner or officer,
and applications or corporations shall have attached individual statements
containing all of 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.
Two photographs not over one year old, showing the
applicant's face, front and profile, of a minimum size of 1 1/2
inches by 1 1/2 inches, shall be affixed to the application.
Where appropriate, each application shall be
referred to the Chief of Police or a police officer designated by
him or her who shall immediately institute whatever investigation
of the applicant's business responsibility, moral character and ability
to properly conduct the licensed activity which he or she considers
necessary for the protection of the public. He or she shall communicate
his or her findings, in writing, to the Borough 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 or she shall disapprove the application and the Clerk
shall refuse to issue the license and so notify the applicant. Otherwise,
the Borough Clerk shall issue the license immediately, provided that
the required license fees have been paid, except in cases where approval
of the Council is required. In the event of the refusal of the issuance
of a license, the applicant may appeal to the Council for hearing.
The appeal shall be filed, in writing, with the Borough Clerk within
14 days after notification of the refusal. The Council shall hold
its hearing within 10 days thereafter. The decision of the Council
shall be final.
Licenses shall be in a form which the Council
prescribes 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 Borough Clerk shall keep a record of all licenses issued under this article. The record shall be in a form prescribed by resolution of the Council and shall contain the same information as is required by § 133-4 to be contained in the license. It shall also indicate the amount of the fee paid for each license, the date upon which payment was received, the date of the issuance of the license, whether the license is a new or a renewal and any other information which the Mayor and 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 all other cases, the
licensee shall have the license in his or her possession at all times
and display it upon the request of any police officer or any person
with whom he or she is doing business.
[Amended 9-28-1997 by Ord. No. 1291]
A license shall apply only to the person to whom it was issued and shall not be transferable to another person. A license may be transferred from place to place in cases where the licensed activity is conducted at a fixed location, but only with the approval, by resolution, of the Council. The fee for the transfer of a license from place to place shall be as provided in Chapter 101, Fees.
A.
Except where expressly provided otherwise, all licenses
shall expire on December 31 of the year of issue at 12:00 midnight.
Applications for the renewal of licenses 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
six months.
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:
A.
Fraud or misrepresentation in any application for
a permit or license.
B.
Fraud, misrepresentation or other dishonesty or abuse
in the conduct of the licensed activity.
C.
A violation of any provision of this article.
D.
Conviction of the licensee for any felony or high
misdemeanor or a misdemeanor or disorderly person's offense involving
moral turpitude.
E.
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 or a menace to the public health,
safety or general welfare.
Notice of a hearing for the revocation of a
license or permit shall be given, in writing, by the Borough 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 or her
last known address by certified mail, return receipt requested, at
least five days prior to the date set for the hearing.
At the hearing, the licensee shall have the
right to appear and be heard, to be represented by an attorney, to
present witnesses on 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 act charged.
The Council may issue another license to a person
whose license has been revoked or denied as provided in this article
if after the 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 or her directly or indirectly, shall
be issued another license to carry on the same activity.
The Council, by resolution, may make rules and
regulations which interpret or amplify any provision of this article
or for the purpose of administering the provisions of this article
or making them more effective. No regulation shall be inconsistent
with or alter or amend any provision of this article, 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 article.
[Added 3-28-1988 by Ord. No. 1120]
A.
The Borough of Glen Rock hereby establishes as a condition
for the issuance or renewal of any license or permit issued by or
requiring any approval of the municipality of the Borough of Glen
Rock that the applicant, if he or she is the owner thereof, shall
pay any delinquent property taxes or assessments on the property wherein
the business or activity for which the license or permit is sought
or wherein the business activity is to be located.
B.
The Borough of Glen Rock further ordains that if any
licensee who is an owner of the property upon which a licensed business
or activity is conducted has failed to pay the taxes due for at least
three consecutive quarters, then, in such event, the license or permit
shall be suspended. Upon payment of the delinquent taxes or assessments,
the license or permit shall be restored, effective immediately.
C.
The provisions of this section shall not apply to
or include any alcoholic beverage license or permit issued pursuant
to the Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq.
[Added 9-28-1997 by Ord. No. 1291]
Violations of the provisions of this article
shall be punishable by one or more of the following: a fine not more
than $1,000, imprisonment for a term of not more than 90 days or a
period of community service not to exceed 90 days.
