[HISTORY: Adopted by the Mayor and Council of the Borough of Oaklyn 7-13-2004 by Ord. No. 7-04. Amendments noted where applicable.]
Licensing of amusements and amusement devices — See Ch. 54.
Licensing of body piercing and tattoo establishments — See Ch. 57.
Licensing of dance halls — See Ch. 66.
Licensing of food-handling establishments — See Ch. 78.
Licenses and permits — See Ch. 85B.
Peddling and soliciting — See Ch. 98.
Zoning — See Ch. 125.
Editor's Note: This ordinance provided for an effective date of 10-1-2004.
It shall be unlawful for any person, firm or corporation to conduct, engage in or carry on any business, trade, occupation or activity within the Borough of Oaklyn, New Jersey, without having first complied with the provisions of this chapter and obtained a license therefor as is herein provided.
Applications for all licenses and permits required by this chapter shall be made in writing to the Borough Clerk. Each application shall contain the following information, in the suggested format:
Name under which business is to be conducted.
Name of applicant. If a corporation, give names and addresses of president and secretary; if a partnership, give names and address of all partners.
Address of business to be conducted.
If business address is a leased property, landlord's name, address and telephone number.
Nature of business.
Residence of applicant during past five years, if individual.
The applicant has never had a license to conduct the business herein described denied or revoked, except as noted.
Details of any arrests or convictions for misdemeanors and crimes, including the nature of the offense for which arrested or convicted, the date of conviction and the place where said conviction was obtained.
The business telephone number of applicant.
Name and address of attorney, if applicable.
Name and address of registered agent, if applicant is a corporation.
The length of time in which the applicant has conducted himself in the nature of the business for which he is applying for a mercantile license, either as a sole proprietor, partner or shareholder in the corporation.
The business address of the applicant during the past five years; if the applicant is a partnership or corporation, list business addresses of all officers, directs and shareholders for the past five years.
Details of whether or not the applicant, either as an individual partner or shareholder of a corporation, has been denied a mercantile license in any other municipality of the State of New Jersey or any other state.
The personal residence of any and all partners if a partnership and the names and addresses of any and all shareholders of the applicant if a corporation.
The social security number of the applicant if the applicant is a sole proprietor; the social security number of any and all partners, including a limited partnership, if the applicant is a partnership; and, if the applicant is a corporation, the social security numbers of all shareholders, stockholders, officers and directors.
A statement to the effect that the applicant makes these statements above to induce the Borough of Oaklyn to issue the license herein applied for and agrees to comply with all laws and ordinances of the Borough applicable to the subject matter thereof.
Whenever in this Code a license is required for the maintenance, operation or conduct of any business or establishment or for doing business or engaging in any activity or occupation, any person or corporation shall be subject to the requirement if, by himself or through an agent, employee or partner, he holds himself forth as being engaged in the business or occupation or solicits patronage therefor, actively or passively, or performs or attempts to perform any part of such business or occupation in the Borough of Oaklyn, New Jersey.
Forms for all licenses and permits, and applications therefor, shall be prepared and kept on file by the Borough Clerk.
Each license or permit issued shall bear the signature of the Borough Clerk in the absence of any provision to the contrary.
Upon receipt of an application for a license or permit, the Borough Clerk shall refer such application to the proper officers for making the investigation or inspection. The officers charged with the duty of making the investigation or inspection shall make a report thereto, favorable or otherwise, within 15 days after receiving the application or a copy thereof. The Zoning Officer shall make the appropriate zoning inspections. All other investigations, except where otherwise provided, shall be made by the Chief of Police or his designee.
[Amended 12-28-2004 by Ord. No. 24-04]
There shall be no charge for any inspection officer so listed in § 87-7A above to inspect a property relative to an application, or for the first reinspection a property relative to an application to ensure compliance. Should any inspection officer so listed in § 87-7A above be required to perform second or subsequent reinspection relative to an application, the applicant shall be required to pay an additional a fee of $30 for each reinspection.
If any fee under this section is not paid within 20 days of such reinspection, a late fee surcharge of $20 shall be assessed in addition any fees outstanding.
[Amended 12-28-2004 by Ord. No. 24-04]
All licenses shall be approved by resolution of the Oaklyn Borough Council within 45 days of its submission to the Borough Clerk. The Borough Council shall examine the qualifications of any applicant for a license or renewal thereof to determine whether said applicant or licensee has complied with the general laws and statutes of the state and the ordinances of the Borough of Oaklyn, and said Borough Council shall be guided in making its determination by the following standards:
The reports of all municipal officers required under this chapter.
Other general laws and public health statutes and codes of the State of New Jersey applicable to this municipality.
The license history of the applicant regarding past violations, rejections or suspensions and the timeliness of past applications for licenses and the applicant's continued compliance with license requirements.
In the absence of provision to the contrary, all fees and charges for licenses or permits shall be paid in advance at the time application therefor is made to the Borough Clerk. When an applicant has not engaged in the business until after the expiration of part of the current license year, the license fee shall be prorated by quarters and the fee paid for each quarter or fraction thereof during which the business has been or will be conducted. Except as otherwise provided, all license fees shall become a part of the general Borough treasury.
All licenses are annual and shall terminate on the 31st day of December each year.
No license shall be issued for the conduct of any business, and no permit shall be issued for any thing or act, if the premises and building to he used for the purposes do not fully comply with the requirements of the Borough, or to properties in arrears to the Borough in municipal taxes or charges, or is subject to tax title liens.
The location of any licensed business or occupation or of any permitted act may be changed, provided that 30 days' notice thereof is given to the Borough Clerk and approval is granted by the governing body and provided that the requirements of the ordinances are complied with.
No business, license or not, shall be so conducted or operated as to amount to a nuisance in fact and/or in violation of any federal or state law or Oaklyn municipal ordinance.
Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required by ordinance, or are reasonably necessary to secure compliance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to be inspected, to admit thereto for the purpose of making the inspecting any officer or employee of the Borough who is authorized or directed to make such inspection, at any reasonable time that admission is requested.
The governing body of the Borough shall have the right to revoke any license whenever the holder thereof or any of the licensee's agents or servants violate any provisions of this chapter, the laws of the State of New Jersey or any rules or regulations promulgated as herein provided. Prior to the revocation of a license, a notice of the contemplated action of the governing body of the Borough shall be served upon said licensee, setting forth such charges as may be the reason for said proposed revocation and the place, date and hour when the governing body of the Borough will hear the matter. The licensee may be represented by counsel at such hearing.
Licenses issued under this chapter shall be posted at the place of business shown on said license in a conspicuous place. Said license shall remain posted for the duration of the licensing year when issued and so long as the licensed business is in operation.
The initial license fee to be paid in the first year for conducting or engaging in the businesses, trades or activities set forth in this chapter at the place designated in the license certificate shall be $100, the name used being a designation of such business, trade or activity required to be licensed.
The yearly license fee to be paid in the second year and every year thereafter for conducting or engaging in the businesses, trades or activities set forth in this chapter at the place designated in the license certificate shall be $50, the name used being a designation of such business, trade or activity required to be licensed.
Any business existing on September 1, 2004, in the Borough of Oaklyn who applies for a license under this Chapter within 60 days of its effective date shall be charged an initial license fee to be paid in the first year for conducting or engaging in the businesses, trades or activities set forth in this chapter at the place designated in the license certificate in the amount of $50.
The fees herein imposed for business and mercantile licenses are revenue-producing in nature, but said fees are used primarily in an attempt to cover the costs of inspections of such businesses to ensure compliance with the laws of the state and the ordinances of this municipality. It is the legislative intent of this chapter to ensure the fact that all businesses of whatsoever kind and wheresoever located in this Borough shall be inspected periodically to ensure compliance with the laws as aforesaid. In certain instances, there are those businesses that warrant additional police surveillance and inspection. There are those businesses that attract unusual amounts of vehicular traffic, necessitating additional regulation and enforcement. These fees provide a reasonable relationship to the costs of regulation and administration.
This chapter shall not apply to any business or occupation licensed under those various laws of this state that prohibit licensing by municipalities.
The proper enforcement of the provisions of this chapter dealing with mercantile licenses shall be within the jurisdiction of the Police Department of this Borough and additionally within the jurisdiction of those officers charged with providing the necessary inspections and regulations.
[Amended 12-28-2004 by Ord. No. 24-04]
Any person who violates any provision of this chapter shall, upon conviction in the Municipal Court of the Borough of Oaklyn, or such other court having jurisdiction, be liable for fines and penalties as set forth in § 1-14 of the Code of the Borough of Oaklyn. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this chapter.