As used in this chapter, the following terms
shall have the meanings indicated:
BUSINESS
Any commercial, industrial or mercantile activity engaged
in as set forth in N.J.S.A. 40:52-1.
PERSON
Includes plural as well as singular and also includes corporations,
associations, partnerships and joint ventures.
Before any person shall open, operate or establish
a business in the Township of Hainesport, said person shall apply
for and secure a license for such business from the office of the
Township Clerk. The requirements of this chapter shall apply to all
existing businesses within the Township as well as any businesses
commenced on or after the effective date of the chapter.
[Amended 12-12-1995 by Ord. No. 1995-13-11]
A. Application for a business license shall be made on
forms to be obtained from the Township Clerk. In the case of corporations
and associations, all officers, directors or stockholders owning 10%
or more of the stock and members thereof shall be listed on the application
and the police records of all persons shall be subject to investigation
by the State Police. In the case of partnerships and joint ventures,
all members of said partnership or joint venture shall be listed on
the application and be subject to investigation. The business premises
shall be subject to inspection by the Code Enforcement Officer to
determine compliance with Zoning and Building Code requirements. Prior
to the issuance of a business license, the applicant shall be required
to obtain a zoning use permit to be signed by the Zoning Official.
B. The issuance of a business license by the Township
of Hainesport shall not act as or be interpreted as a certification
that the business is in compliance with all zoning and land use requirements for the zone in which the business is located, nor shall
the issuance of a business license be deemed a certification of a
valid preexisting nonconforming use for the business as contemplated
by N.J.S.A. 40:55D-68.
[Added 8-26-1997 by Ord. No. 1997-6-7]
[Amended 12-12-1995 by Ord. No. 1995-13-11; 10-13-2020 by Ord.
No. 2020-7]
As a condition for the issuance of any license or renewal license
required by the Township of Hainesport, the applicant, if he or she
is the owner thereof, is required to pay any delinquent property taxes
or assessments on the property that is the subject of the license
or on which a licensed activity or business is or will be conducted.
Proof of payment of taxes shall be provided to the Township Clerk
by submission of the form entitled "Certification of Tax Collector."
The license may be revoked or suspended when any licensee, who is
an owner of the property upon which the licensed business or activity
is conducted, has failed to pay the taxes due on the property for
at least three consecutive quarters. Upon payment of the delinquent
taxes or assessments, the license shall be restored. 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.
[Amended 1-27-2004 by Ord. No. 2004-1-1; 12-9-2014 by Ord. No. 2014-12-11]
A license fee of $50 for an individual and $50
for corporations, partnerships and associations or joint ventures
shall be paid to the Township Clerk at the time the application is
submitted to defray the costs of processing and investigation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. With respect to each license application received,
the Township Committee shall conduct such investigations through the
State Police, Code Enforcement Officer and/or Fire Inspector as may
be necessary to establish:
(1) With respect to the premises for which a license is
sought that it is in compliance with all applicable building, housing,
health, fire and safety codes and regulations.
(2) That the applicant(s) for the license has never been
convicted in this state or elsewhere of a crime involving moral turpitude.
B. Upon completion of investigation by the State Police
and inspection of the proposed business premises by the Township Code
Enforcement Officer, the Code Enforcement Officer shall recommend
the issuance or denial of said license to the Township Committee,
setting forth his reasons therefor in writing. The Township Committee
shall authorize the issuance of the license or refuse to issue the
license within three weeks of the date of the recommendation by the
Code Enforcement Officer and the governing body shall set forth, in
writing, the reasons for its action in authorizing or refusing said
license.
[Amended 8-26-1997 by Ord. No. 1997-6-7; 9-13-2016 by Ord. No.
2016-12-8; 8-13-2019 by Ord. No. 2019-6]
A license issued for 2018 shall not expire to December 31, 2019,
and thereafter when issued shall be valid through the month of January
in the calendar year following the year in which the license is issued,
unless sooner terminated by revocation pursuant to the terms of this
chapter. No later than December 1 of each year, the holder of a license
shall make application to the Township of Hainesport for its renewal.
Application for a renewal shall follow the same procedures and requirements
as set forth for a new application and shall require the same procedures,
consideration and determination by the Township Committee in the same
manner as a new application.
Any license issued by the Township Committee
under this chapter is not transferable to any other person, entity
or location.
No license shall be issued to a vendor of tangible
personal property, other than property exempted from sales and use
taxation, having no fixed place of business in the municipality without
the submission of a copy of a valid certificate of authority issued
to the vendor pursuant to state law empowering the vendor to collect
sales tax.
[Amended 5-23-2006 by Ord. No. 2006-5-4; 10-13-2020 by Ord. No. 2020-7]
Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to a penalty as specified in §
1-1 of the Township Code.