[Adopted 3-7-1988 by Ord.
No. 965-88]
For purposes of this article, the following terms shall have the meanings
indicated:
BUSINESS
Includes businesses, trades, callings, vocations and operations of
any kind for profit, other than those specifically excluded from regulation
by state statute or case law of the State of New Jersey. The word "business"
shall, for purposes of this article, also be deemed to specifically exclude
any said business, trade, calling, vocation or operation not maintained and/or
operated for profit.
PERSON
Includes individuals, firms, copartnerships, corporations or any
combination thereof.
No person or persons, firm, corporation or partnership shall engage
in or carry on any business in the Township of Hamilton nor aid nor assist
as employees, clerks or otherwise in carrying on such business or in using
any wagon, vehicle, stand, store or other place or thing nor sell or offer
for sale any goods or things for which a license is required by the terms
of this article unless a license as herein provided for shall have been first
obtained therefor.
All license fees shall be due and payable to the Township of Hamilton
at the office of the Township Clerk, on the first day of July in each year,
and all such licenses shall expire on the 30th day of June two years following.
[Amended 6-4-2007 by Ord. No. 1597-2007]
The license fees to be paid biannually as above provided to the Township
of Hamilton, for conducting a business, trade profession or occupation at
the place designated, and for the license certificate issued therefor shall
be $25. No pro rata fees shall be permitted. This fee is solely to defray
a portion of the township's costs in administering this article and is not
intended to raise revenue.
The Township Committee shall have the right to revoke any license whenever the holder thereof or any of the agents, servants or employees of the holder violate any provision of this article, including any of the provisions which are required for the issuance of the license pursuant to §
124-3 hereinabove. However, the licensee shall be given a period of 30 days to correct said violation(s) if so requested, in writing, to the Township Clerk within five days of notice and if, in the opinion of the Township Committee, the alleged violation(s) do not pose an imminent hazard or threat to the general health, safety and welfare. After written notice of the revocation has been served upon the licensee, an appeal may be filed to the Hamilton Township Committee within 10 days of service of said notice. The Township Committee shall thereupon conduct a hearing of the matter within 30 days after receipt of notice of appeal and shall render a decision within 15 days of such hearing. An appeal by the licensee shall stay any proposed revocation.
No license provided for in this article shall be transferable from one
person to another, and no license shall cover any other place of business
other than that for which it was issued. No licensee shall expand the scope
of operations beyond the specific uses or purposes set forth in the application
without filing and receiving approval of a reapplication form.
Those businesses which are otherwise licensed pursuant to other ordinances of the Township of Hamilton may be required to file an application hereunder to the extent that another regulatory or licensing application does not contain the requisite information required hereunder. However, in the event that such application is required hereunder, no additional license fee pursuant to §
124-6 shall be required of the applicant.
Any person violating any of the provisions of this article shall, upon
the first conviction in the Municipal Court of the Township of Hamilton, be
punished by a fine not to exceed $100; for a second offense within a twelve-month
period, by a fine of not less than $300 nor more than $500; for a third or
subsequent offense within a twelve-month period, by a fine of not less than
$500 nor more than $1,000 or imprisonment for a term not exceeding 90 days
in the county jail. For purposes of this article, the twelve-month period
shall be based upon the date of issuance of the first and any subsequent complaints.
This article shall not be construed as inconsistent with any other licensing
ordinance in effect in the Township of Hamilton, and the requirements herein
shall be supplementary to the requirements set forth in said licensing ordinances.