[HISTORY: Adopted by the Mayor and Council
of the Borough of Oaklyn 7-13-2004 by Ord. No. 7-04.[1] Amendments noted where applicable.]
[1]
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:
A.
Name under which business is to be conducted.
B.
Name of applicant. If a corporation, give names and
addresses of president and secretary; if a partnership, give names
and address of all partners.
C.
Present residence.
D.
Address of business to be conducted.
E.
If business address is a leased property, landlord's
name, address and telephone number.
F.
Nature of business.
G.
Residence of applicant during past five years, if
individual.
H.
The applicant has never had a license to conduct the
business herein described denied or revoked, except as noted.
I.
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.
J.
The business telephone number of applicant.
K.
Name and address of attorney, if applicable.
L.
Name and address of registered agent, if applicant
is a corporation.
M.
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.
N.
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.
O.
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.
P.
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.
Q.
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.
R.
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.
A.
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]
B.
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.
C.
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:
B.
The reports of all municipal officers required under
this chapter.
C.
Other general laws and public health statutes and
codes of the State of New Jersey applicable to this municipality.
D.
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.
A.
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.
B.
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.
C.
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.
[Added 12-13-2022 by Ord. No. 22-22]
Pursuant to P.L. 2022, c. 92, any person (as defined in § 87-1 of this chapter) operating a business (as defined in § 87-1 of this chapter), or any person (as defined in § 87-1 of this chapter) owning a rental unit or units, shall be required to maintain liability insurance, as follows:
A.
Except as provided in Subsection B of this section, the owner of a business or the owner of a rental unit or units shall maintain liability insurance for negligent acts and omissions in an amount of no less than $500,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence.
B.
The owner of a multifamily home which is four or fewer units, one
of which is owner-occupied, shall maintain liability insurance for
negligent acts and omissions in an amount of no less than $300,000
for combined property damage and bodily injury to or death of one
or more persons in any one accident or occurrence.
A.
In addition to the registration requirements as set forth in Article I of this chapter, the owner of a business, owner of a rental unit or units, and the owner of a multifamily home of four or fewer units, one of which is owner-occupied, shall annually register the certificate of insurance, from an insurance company licensed to do business in the State of New Jersey, demonstrating compliance with § 87-1 et seq. of this chapter.
B.
In addition to any other registration fees as set forth in this chapter,
there shall be an administrative fee of $25 for the processing of
the certificate of insurance required pursuant to this chapter.
C.
Unless another penalty is expressly provided by New Jersey statute, every person, firm, association or corporation violating any provision of this chapter shall, upon conviction thereof, be subject to the fines and/or penalties as are 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. In addition thereto, the Borough may collect, through a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.), a fine of not less than $500 but no more than $5,000 against an owner who fails to comply with the provisions of this chapter.
