[Amended 4-10-2014 by Ord. No. 2014-06]
A.
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, dog licenses and taxicab
licenses, and except as may be specified or otherwise provided elsewhere
in this article.
B.
No person, firm, corporation, partnership or other entity shall engage
in, conduct or operate any business within the limits of the Township
of Little Egg Harbor unless a license as herein provided for shall
have first been obtained.
All applications for licenses shall be accompanied
by the required fee and shall be made to or through the Township Clerk
upon forms provided by the Township Clerk. Applications shall contain
the information specified by resolution of the Township Committee
and may include the following, along with any other information deemed
necessary or specifically called for by ordinance:
A.
The 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 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, general or limited, with the information required by this
section supplied in detail as to each partner. Applications of corporations
shall have attached individual statements containing all of 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, as well as a copy of the certificate of incorporation.
J.
The name and address of the insurance company providing
applicant with public liability insurance, policy number, expiration
date, and the amount of coverage in an amount not less than $500,000
combined single limit. A certificate of insurance shall be submitted
which evidences the minimum liability insurance requirement pursuant
to P.L. 2022, c. 92.[1]
[Amended 2-9-2023 by Ord. No. 2023-02]
[1]
Editor's Note: See N.J.S.A. 40A:10A-1 et seq.
K.
All license fees shall be due and payable to the Township
of Little Egg Harbor at the Office of the Municipal Clerk, 665 Radio
Road, Little Egg Harbor, New Jersey.
L.
License fees to be paid to the Township of Little
Egg Harbor shall be as follows:
(1)
The license fee shall be $50 for a new mercantile
license and $30 for renewal. Renewal fees shall be paid on or before
March 15 of each year.
[Amended 7-24-2008 by Ord. No. 2008-08]
(2)
For the purposes of this section, a change of ownership
in a business shall require the purchase of a new mercantile license.
Each application shall be referred to the Chief
of Police, or other designated police officer, who shall immediately
institute an investigation of the applicant's business responsibility,
moral character and ability to properly conduct the licensed activity
considered necessary for the protection of the public. The Chief's
findings shall be communicated in writing to the Township Clerk within
a reasonable time after the application has been filed. If the investigator
finds that the applicant's character, ability or business responsibility
is unsatisfactory or that the products, services or activities are
not free from fraud, the Chief shall disapprove the application and
the Clerk shall refuse to issue the license and 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 Committee 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 Committee for a hearing. The appeal shall be filed
in writing with the Township 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.
Licenses shall be in a form which the Township
Committee 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 Mayor
and Committee may require by resolution.
The Clerk shall keep a record of all licenses issued under this article. The record shall be in a form prescribed by resolution of the Township Committee and shall contain the same information as is required by § 217-4 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 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
license shall be in the licensee's possession at all times and shall
be displayed upon the request of any police officer or any person
with whom the licensee 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 Committee, by resolution.
The fee for the transfer of a license from place to place shall be
$5.
A.
Except where expressly provided otherwise, all licenses
shall expire on March 14 of the year of issue at 12:00 midnight. Applications
for the renewal of licenses shall be made not later than March 1 of
the year of issue.
[Amended 7-24-2008 by Ord. No. 2008-08]
B.
When an application for a license is made during the
course of any calendar year, the fee shall be prorated to the nearest
month. Any period of time greater than 1/2 of a month shall be considered
as a full month for this purpose.
Any license or permit issued by the Township
may be revoked by the Committee, 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 or condition of the license.
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,
or the licensee's 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 article, 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.
The notice shall also indicate that the hearing will be held before
a hearing officer designated by the Mayor and Committee. The notice
shall be served by mailing a copy to the licensee's 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 on the licensee's behalf, to cross-examine opposing
witnesses, and to have a permanent record made of the proceedings
at the licensee's expense. No later than five days after the conclusion
of the hearing, the hearing officer shall issue a written order setting
forth the findings of the hearing. If the hearing officer determines
by a preponderance of the evidence that the licensee is guilty of
the acts charged, the Township Committee shall then revoke or suspend
the license.
The Township Committee may issue another license
to a person whose license has been revoked or denied as provided in
this article if, after a hearing, the members of the Committee are
satisfied by clear and convincing evidence that the acts which led
to the revocation or denial will not occur again; otherwise, a person
whose license has been revoked or denied, or any person acting on
behalf of the person whose license has been revoked or denied, either
directly or indirectly, shall not be issued another license to carry
on the same activity.
The Township Committee may, by resolution, make
rules and regulations which interpret or amplify any provision of
this article or for the purpose of administering the provisions of
this article or making them more effective. No regulation shall be
inconsistent with or alter or amend any provision of this article,
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 article.
[Added 2-9-2023 by Ord. No. 2023-02]
Failure to comply with the requirements for submitting a certificate
of insurance evidencing minimum liability insurance as required under
P.L. 2022, c. 92[1] and § 217-2J above may subject a business owner to a summary proceeding pursuant to N.J.S.A. 2A:58-10 et seq., whereby the Township may collect a fine of not less than $500, but no more than $5,000, against a business owner failing to comply with the law.
[1]
Editor's Note: See N.J.S.A. 40A:10A-1.
