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 and dog licenses and except
as may be specifically otherwise provided elsewhere in this chapter.
All applications for licenses shall be accompanied by the required fee
and shall be accompanied by the required fee and shall be made to or through
the Township Clerk upon forms provided by him or her. Applications shall contain
the information specified by resolution of the Township Council and may include
the following along with any other information deemed necessary or specifically
called for by ordinance:
A. Name and permanent and local address of the applicant.
If the applicant is a corporation, the name and address of its registered
agent.
B. If the licensed activity is to be carried on at a fixed
location, the address and description of the premises.
C. If a vehicle is to be used, its description, including
the license number.
D. If the applicant is employed by another, the name and
address of the employer, together with credentials establishing the exact
relationship.
E. The days of the week and the hours of the day during
which the licensed activity will be conducted.
F. A description of the nature of the business and the goods,
property or services to be sold or supplied.
G. A statement as to whether the applicant has been convicted
of any crime or the 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.
H. 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.
I. Applications by partnerships shall be signed by all partners
with the information required by this section supplied in detail as to each
partner, and applications of corporations shall have attached individual statements
containing all 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.
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 he or she considers
necessary for the protection of the public. He or she shall communicate his
or her findings in writing to the Township 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 shall so notify the applicant. Otherwise, the Township Clerk shall issue
the license immediately, provided that the required license fees have been
paid, except in cases where approval of the Township Council is required.
In the case of an application for a solicitor's, peddler's or canvasser's
license, the license may be issued immediately subject to investigation. In
the event of the refusal of the issuance of a license, the applicant may appeal
to the Township Council for hearing. The appeal shall be filed in writing
with the Township Clerk within 14 days after notification of the refusal.
The Township Council shall hold its hearing within 10 days thereafter, and
its decision shall be final.
Licenses shall be in a form which the Township 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 Township
Council may require by resolution.
The Chief of Police and the Township Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Township Council and shall contain the same information as is required by §
112-4 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 Township 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 shall display it upon the request of any
police officer or any person with whom he or she is doing business.
Except as otherwise provided, 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 Township
Council by resolution. The fee for the transfer of a license from place to
place shall be as set from time to time by the Township Council.
Any license or permit issued by the township may be revoked by the Township
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 in the conduct
of the licensed activity.
C. A violation of any provision of this revision.
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 herself 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.
F. Whenever a license has been issued immediately upon an
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.
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 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 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 Township 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.
The Township Council may issue another license to a person whose license
has been revoked or denied as provided in this chapter if after hearing they
are 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 Township Council may by resolution make rules and regulations which
interpret or amplify any provision of this chapter or for the purpose of administering
the provisions of this chapter or making them more effective. No regulation
shall be inconsistent with or alter or amend any provision of this chapter
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 chapter.