[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale 6-27-1972 by Ord. No. 72-9 as Ch. 7, Art. 1, of the Revised Ordinances of 1972. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 84.
Alcoholic beverages — See Ch. 88.
Amusements — See Ch. 92.
Animals — See Ch. 96.
Auctions — See Ch. 100.
Uniform construction codes — See Ch. 124.
Games of chance — See Ch. 158.
Garage sales — See Ch. 162.
Gasoline service stations — See Ch. 166.
Limousines — See Ch. 192.
Outdoor cafes — See Ch. 212.
Peddling and soliciting — See Ch. 224.
Penalties — See Ch. 226.
Target ranges — See Ch. 268.
Taxicabs — See Ch. 272.
Trailers and camp cars — See Ch. 276.
Traveling shows, carnivals and circuses — See Ch. 284.
Abandoned vehicles — See Ch. 288.
Land use — See Ch. 310.
Unless otherwise provided in this Code, the general regulations governing licenses and permits as provided for in this chapter shall apply to and be required for all businesses, occupations and activities referred to in this chapter.
[1]
Editor's Note: For state laws authorizing municipalities to adopt ordinances to license and regulate amusement places and businesses, other businesses and occupations, and other activities; to fix the fees therefor; and to impose penalties for violations, see N.J.S.A. 40:48-1, 40:48-2 and 40:52-2.
A. 
Any person desiring a license or permit under this chapter shall file with the Borough Clerk an application, in writing, in the form prescribed by the Borough Clerk.
B. 
The application shall set forth the following information:
(1) 
The name, residence and age of the applicant if an individual, or the names, residences and ages of all partners or principal officers if the applicant is a partnership, association or corporation.
(2) 
Whether the individual applicant, or any of the partners or principal officers of a partnership, association or corporation, has ever been convicted of a crime or of an offense under the disorderly persons law (see N.J.S.A. 2C:104-1 et seq.), and if so, what crime or offense, when convicted and in what court.
[Amended 5-13-1997 by Ord. No. 97-8]
(3) 
The length of time for which the license or permit is desired.
(4) 
A description of the place of business for which the license or permit is desired, where applicable.
(5) 
Such additional information as the Borough Clerk may require.
C. 
The prescribed license or permit fee shall be submitted with the application for the license or permit.
A. 
The licenses issued hereunder shall be of two (2) kinds:
(1) 
Annual licenses.
(2) 
Temporary licenses.
B. 
The annual license is a license which will remain in force continuously from the date of its issue until the last day of December next succeeding its issue unless previously suspended or revoked as herein provided. The annual license shall bear, in addition to the serial number, the letter "A."
[Amended 5-13-1997 by Ord. No. 97-8]
C. 
The temporary license is a license granted for a single act or permitting the carrying on of business or occupation for a limited time, not exceeding three (3) consecutive days. The temporary license shall bear, in addition to its serial number, the letter "T."
The Borough Clerk shall refer the license or permit application to the investigating official or officials referred to in the chapter pertaining to the licensing or permitting of the specific business, occupation or activity. Each such official shall make an investigation and inspection and submit a report thereof to the Borough Clerk.
A. 
If the reports referred to in § 188-4 and such other information as the Borough Clerk may have concerning the application or applicant shall disclose no reason why the license or permit should not be issued, the Borough Clerk shall issue the license or permit, in a form prescribed by the Clerk, unless the prior approval of the Borough Council is required.
B. 
If it shall appear that the applicant is not qualified, by reason of age, prior criminal record or otherwise, or by reason of failure of the proposed business, occupation or activity to be pursued to comply with any applicable ordinance, regulation or law, the Borough Clerk shall deny the license or permit, stating in writing the reasons therefor.
[Amended 5-13-1997 by Ord. No. 97-8]
C. 
The Borough Clerk of the Borough of Hillsdale is hereby designated as the issuing authority pursuant to N.J.A.C. 13:47-1.1 and is authorized and directed to issue licenses as permitted by law and the regulations adopted thereunder.
[Added 7-7-2015 by Ord. No. 15-14]
A. 
Any person aggrieved by the action of the Borough Clerk in the denial of a license or permit as provided within this chapter shall have the right of appeal from such action to the Borough Council.
B. 
Such appeal shall be taken by filing, within fourteen (14) days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal with the Borough Council.
C. 
The Borough Council shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the appellant.
D. 
After such hearing, the Borough Council may affirm, reverse or modify the action from which the appeal is taken.[1]
[1]
Editor's Note: Original Sec. 7-7, Term of license or permit, which immediately followed this section, was repealed 5-13-1997 by Ord. No. 97-8.
[Amended 5-13-1997 by Ord. No. 97-8]
A. 
The Borough Clerk shall keep a record of each license or permit issued or denied, showing the dates of issuance and expiration of the license or permit, or date of denial; the number of the license or permit; the character of the license or permit; the name and address of the licensee or permittee; the amount of the fee paid; and the amount of the fee refunded, if any.
B. 
Within ten (10) days after denial of the license or permit, the Borough Clerk shall set forth, in writing, the date of denial and the reason therefor.
[Amended 5-13-1997 by Ord. No. 97-8]
The licensee or permittee shall, at all times when engaged in the business, occupation or activity licensed or permitted under this chapter, have such license or permit upon his or her person or conspicuously displayed upon the premises which he or she may use in connection with said business, occupation or activity. He or she shall also exhibit such license or permit at any time upon the request of any person.
No license or permit issued under this chapter shall:
A. 
Be valid as to any person other than the licensee or permittee named therein, unless otherwise provided.
B. 
Be transferable, unless otherwise provided.
C. 
Create any vested rights or grant any privileges other than the privilege of conducting the licensed or permitted business, occupation or activity in accordance with the statutes of this state, the provisions of this chapter and the provisions of all other applicable ordinances of the Borough.
Any license or permit issued pursuant to this chapter may be suspended or revoked by the Borough Council, after due notice and hearing, for misrepresentation in any statement contained in the application, or for violation of any applicable provision of this chapter, or of any other applicable ordinance of the Borough or of an applicable state law or federal law.
[Amended 5-13-1997 by Ord. No. 97-8]
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the provisions of Chapter 226, Penalties.