[Adopted by Ord. No. 478 (§ 4-1 of the 1987 Code)]
This article shall be known and may be cited
as the "General Licensing Ordinance of the Borough of Highland Park."
[Amended 2-7-1989 by Ord. No. 1178]
As used in this article, the following terms
shall have the meaning indicated:
To include all kinds of vocations, occupations and professions,
enterprises, establishments and all other kinds of activities and
matters, together with all devices, machines, vehicles, materials
and appurtenances used therein any of which are conducted for private
profit or benefit either directly or indirectly on any premises of
this Borough or anywhere else within its jurisdiction.
Any tag, plate, badge, emblem, sticker or any other kind
of device which may be required for any use in connection with any
license fee.
Respectively, the words "permit" or "permittee" or the holder
for any use or period of time of any similar privilege wherever relevant
to any provision of this article or other ordinance.
To include all structures, places and also the equipment
and appurtenances connected or used therewith in any business and
also any personal property which is either affixed to, or is otherwise
used in connection with any such business conducted on such premises.
Having been found guilty, liable or responsible in any judicial
or administrative proceeding of committing a violation of the New
Jersey State Wage and Hour Law (N.J.S.A. 34:11-56a et. seq.), the
New Jersey State Wage Payment Law (N.J.S.A. 34:11-4.1 et. seq.), N.J.S.A.
2C:40A-2, the United States Fair Labor Standards Act, or any other
federal or state law related to the payment of wages or the collection
of debt owed due to unpaid wages. It shall be understood as to have
a negative affect on public morals and welfare.
[Added 6-9-2015 by Ord.
No. 15-1889]
It shall be unlawful for any person either directly
or indirectly to conduct or carry on a business or to use in connection
therewith any vehicle, premises, materials, machine or device in whole
or in part for which a license is required by any ordinance of the
Borough without a license having first been procured therefor and
kept in effect at all such times as required by this article or other
ordinance of the Borough, heretofore or hereafter adopted.
[Amended by Ord. No. 604; Ord. No. 1111; 6-9-2015 by Ord. No. 15-1889]
A.
Application
for license hereunder, both new and renewal, shall be made to the
Borough Clerk and shall contain the following information:
(1)
Name
and residence of applicant.
(2)
Location
at which business will be conducted.
(3)
Name
under which business will be conducted.
(4)
Nature
of business.
(6)
If
applicant has been arrested for any crime or disorderly offense, the
dates, location and nature of such offenses and ultimate disposition
thereof.
(7)
If
the applicant has been found guilty of or liable for wage theft, the
dates, location, and nature of such wage theft and ultimate disposition
thereof.
(8)
Such
additional pertinent information which the Borough Clerk deems appropriate.
B.
No license
shall be issued until the approval of the Zoning Officer of the Borough
of Highland Park shall have been endorsed thereon.
[Amended 2-18-2020 by Ord. No. 20-1996]
D.
No license
shall be issued to an applicant or business entity that has committed
a wage theft violation which has not been cured by compliance with
the order or decision of the governmental entity determining the same.
[Amended by Ord. No. 931]
License fees become payable to the Borough Clerk
at the Borough Hall on March 1 annually. All licenses shall expire
on the last day of February annually following payment. All licenses
issued between November 1 and the last day in February of the following
year, excepting licenses for dances, athletic events and any other
event for which an admission is charged shall be issued for 1/2 the
following fees. The license fees shall be as follows:
|
Advertising agency
|
$50
| |
|
Art work
|
$50
| |
|
Athletic events, commercial, each occasion
|
$15
| |
|
Automobile agency or showroom, each place for
sale of new cars
|
$100
| |
|
Automobile or trucks to rent, each vehicle
|
$50
| |
|
Automobile wash
|
$75
| |
|
Automobile dismantling yard
|
$1,000
| |
|
Bagatelle, amusement games or pinball machines,
each
|
$250
| |
|
Bootblack stands, per chair
|
$5
| |
|
Bowling alley:
| ||
|
First alley
|
$20
| |
|
Each additional alley
|
$10
| |
|
Coal and oil dealer
|
$100
| |
|
Dances, commercial, each occasion
|
$15
| |
|
Dance studio
|
$50
| |
|
Drive-in food and refreshment
|
$75
| |
|
Flowers and plants with greenhouses
|
$75
| |
|
General builders supplies
|
$150
| |
|
Ice, self-service vending machine
|
$75
| |
|
Live poultry market
|
$100
| |
|
Milk, self-service vending machine
|
$75
| |
|
Pool and billiard tables, commercial, each
|
$75
| |
|
Restaurants and diners
|
$50
| |
|
Retail chain stores with adjoining parking lots,
over 20 spaces
|
$500
| |
|
Rollerskate rink
|
$1,000
| |
|
Ship or boat yard
|
$100
| |
|
Shooting gallery
|
$2,000
| |
|
Places conducted exclusively for mechanical
or electronic amusement devices such as pinball machines, amusement
games, skill ball games, jukeboxes, cigarette vending machines and
any machine which may be operated by the public by the use of coins,
slugs or tokens
|
$2,000
| |
|
Storage or warehouse, public
|
$200
| |
|
Storage or warehouse, private
|
$100
| |
|
Trees and wreaths
|
$20
| |
|
Wholesalers
|
$150
| |
|
All businesses not classified or enumerated
|
$50
| |
[Amended by Ord. No. 486]
A.
For the purpose of this article any person shall be deemed to be in business and thus subject to the requirements of § 247-3 when he does one act of selling any goods or services in the Borough.
B.
The agents or other representatives of nonresidents
who are doing business in this Borough shall be personally responsible
for the compliance of principals and of the businesses they represent.
Each license issued hereunder shall state the
following:
[Amended 6-9-2015 by Ord.
No. 15-1889]
Every license under this article shall:
A.
Permit all reasonable inspections of his business
by public authorities so authorized by law.
B.
Ascertain and at all times comply with all laws and
regulations applicable to such licensed business.
C.
Avoid all forbidden practices or conditions which
do or may affect public health, morals and welfare.
D.
Post and maintain such license upon the licensed premises
in a place where it may be seen at all times.
E.
Affix any insignia delivered for use in connection
with a licensed motor vehicle on the inside of the windshield of the
vehicle or as may be otherwise prescribed by law.
F.
Affix any insignia delivered for use in connection
therewith upon the outside of any bagatelle or pinball machine or
other business machine or device so that it may been seen at all times.
G.
Not engage in wage theft and fully cure any wage theft violations
within 90 days of any order or decision of a governmental body finding
the licensee guilty of or liable for wage theft.
[Amended 2-7-1989 by Ord. No. 1178]
The fees herein imposed for such licenses are
imposed for administration, regulation and control.
A.
A licensee hereunder shall have the right to transfer
his license to another person, provided the transferee shall comply
with the provisions of this article.
B.
In the event that a licensee shall lose or destroy
a license or the same shall have been lost or destroyed, the licensee
upon application to the Borough Clerk shall be issued a duplicate
license in accordance with the provisions of this article.
C.
The Borough Clerk shall collect a transfer fee and/or
duplicate license fee of $0.50 prior to the issuance of any new license
to the transferee or duplicate license to a licensee.
No refund shall be made on any license fee paid
on account of a cessation of a business after such license shall have
been issued.
[Amended by Ord. No. 604; 2-7-1989 by Ord. No. 1178]
A.
The Borough Administrator is hereby authorized and
directed to use such police force of the Borough as is necessary to
execute and enforce all necessary and lawful police regulations that
may best protect and facilitate the carrying on of the several businesses
licensed by this article.
B.
Any licensee who, in conducting the business for which
a license shall have been issued, shall violate any statute of the
State of New Jersey or ordinance of this Borough or any of the provisions
of this article, shall be liable, after hearing, to the suspension
or forfeiture of the license issued hereunder after finding of such
violation by the Borough Council, in addition to other penalties provided
by law. Notice of such hearing shall be served upon the licensee personally,
or left at the place designated in the license for conducting the
business licensed, at least five days before the date of the hearing,
designating the time and place of hearing and specifying the charges
made against the licensee hereunder. At such hearing the licensee
may appear in person or by counsel, shall have the right to cross
examine the witnesses supporting the charges and may introduce evidence
in contradiction thereof.
