The purpose of this chapter is to provide a
uniform set of procedures for administering the issuance, renewal
and revocation of all licenses issued under this chapter.
All applications for licenses, except those
issued by the Division of Health, shall be made to the Township Clerk
upon forms provided by the Clerk and shall contain the following information:
A.
Name and permanent and local address of the applicant.
B.
With regard to licenses for peddlers, solicitors and
hawkers, a complete physical description, together with three recent
photographs of the applicant, which shall be approximately two inches
by two inches showing the head and shoulders of the applicant in a
clear and distinguishable manner.
C.
All activities carried on at a fixed location or that
involve other than door-to-door solicitation shall require site plan
review, site plan review waiver or an exemption letter from the Building
Inspector, the latter to be issued for temporary activities only.
Exemption letters may be granted by the Building Inspector for temporary
activities of less than seven days' duration which entail use of a
completely enclosed, preexisting fixed location if he finds no violation
of the site plan review criteria resulting from the proposed use.
All other uses shall be reviewed by the Planning Board:
[Amended 11-3-1980 by Ord. No. 1980-33]
D.
If a vehicle is to be used, its description, including
the license number.
E.
If the applicant is employed by another, the name
and address of the employer, together with credentials establishing
the exact relationship and authority to work in Mount Laurel Township.
F.
The days of the week and the hours of the day during
which the licensed activity will be conducted.
G.
A description of the nature of the business and the
goods, property or services to be sold.
H.
A statement as to whether the applicant has ever been
convicted of any crime or the violation of any municipal ordinance
other than traffic offenses.
I.
If a vehicle is to be used, the drivers' license numbers
of the proposed operators.
[Added 6-21-1982 by Ord. No. 1982-18]
The Township Clerk shall issue all licenses
upon the completion of all the requirements for the appropriate license
and the payment of all required fees. In the case of licenses issued
to hawkers, peddlers and solicitors, the Clerk shall issue the license
upon the filing of the application, payment of all required fees and
completion of investigation.
Each application shall be referred to the Director
of Public Safety or a police officer designated by him, who shall
immediately institute whatever investigation of the applicant's business,
moral character and ability to properly conduct the licensed activity
he considers necessary for the protection of the public. If the Director
of Public Safety determines that the applicant's character, ability
or business responsibility is unsatisfactory or the products, services
or activities are not free from fraud, he shall immediately notify
the Township Clerk, who shall notify the applicant that his application
has been rejected, or where the license has already been issued, the
Clerk shall summarily revoke the license. In all such cases, the applicant
or licensee may file an appeal to the Township Council, which shall,
within 30 business days following the filing of an appeal, conduct
a hearing to determine whether the license should be issued or reinstated.
All licenses shall be issued by the Township
Clerk and shall bear the seal of the Township attested to by him.
When the licensed activity is conducted at a
particular premises or from a vehicle, the license shall be prominently
displayed on the premises or vehicle. In all other cases, the licensee
shall have the license in his possession at all times and shall display
it upon request of any police officer or any person with whom he is
doing business.
[Amended 6-21-1982 by Ord. No. 1982-18]
Every license shall apply only to the person
to whom it was issued, and no license shall be transferable.
A.
In addition to the provisions of § 113-4, any license or permit issued by the Township of Mount Laurel may be revoked by the Township Council, after notice and hearing, for any of the following causes:
(1)
Fraud or misrepresentation in any application for
a permit or license.
(2)
Fraud, misrepresentation or other dishonesty in the
conduct of the licensed activity.
(3)
A violation of any provision of this chapter.
(4)
Conviction of the licensee for any felony or high
misdemeanor or a misdemeanor or disorderly person's offense involving
moral turpitude.
(5)
Conduct of the licensed activity, whether by the licensee
himself or his agents or employees, in an unlawful manner or such
a manner as to constitute a breach of the peace or a menace to the
public health, safety or general welfare.
B.
Except as provided in § 113-4 or in the case of an emergency, no license shall be revoked without notice and hearing. The hearing authority in all cases shall be the Township Council, which shall revoke or suspend the license if it is satisfied by a fair 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 as provided in § 113-8 if, after hearing, it is satisfied by clear and convincing evidence that the acts which led to the revocation will not occur again; otherwise, no person whose license has been revoked, nor any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity.
Notwithstanding anything to the contrary herein
contained, this chapter shall not apply to the issuance, suspension
or revocation of alcoholic beverage licenses, which are registered
by a separate chapter and appropriate state statutes.[1]
