Unless otherwise provided by this Code or state
statute, it is intended that this chapter shall govern the procedures
for the issuance, renewal and revocation of licenses and/or permits
issued by the Township of Manalapan.
The Township Clerk shall issue all licenses
upon the completion of all requirements for the appropriate license.
In the event of the refusal of a license, the applicant may appeal
to the Township Committee for a hearing. The appeal must be filed,
in writing, with the Clerk within 14 days after notification of the
refusal. The Committee shall hold its hearing within 10 days thereafter,
and its decision shall be final.
The Township Clerk shall keep a record of all
licenses issued under this chapter. The record shall be in the form
and shall contain such information as the Township Committee 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 possession at all times and
shall display it upon the request of any police officer or person
with whom he is doing business.
A license shall apply only to the person to
whom it is issued and shall not be transferable.
Except where expressly provided otherwise, all
licenses shall expire on December 31 of the year of issue at 12:00
midnight. Applications for renewal of licenses shall be made not later
than December 1 of the year of issue.
Any license or permit issued by the Township
may be revoked by the Township Committee after notice and a hearing
for any of the following causes:
A. Fraud or misrepresentation in any application for
a license or permit.
B. Fraud, misrepresentation or other dishonesty in the
conduct of the licensed activity.
C. A violation of any provision of this Code.
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
himself or his 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 Township Clerk.
The notice shall specifically set forth the grounds on 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.
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 Committee 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 Committee 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.