[HISTORY: Adopted by the Mayor and Council of the Borough of Oceanport 2-2-1989 by Ord. No. 585 (Ch. 41B, Art. I, of the 1970 Code). Amendments noted where applicable.]
It shall be unlawful for any person, firm or corporation to maintain an office or place of business or to conduct, engage in or carry on any business, trade or occupation within the Borough of Oceanport without first complying with the provisions of this chapter and obtaining a license therefor as provided herein.
Application for a license shall be made to the Borough Clerk within 30 days after the effective date of this chapter. All such applications shall be made in writing and shall contain the following information:
The name of the applicant; if a corporation, the names and addresses of the president and secretary shall be set forth; if a partnership, the names and addresses of all partners shall be set forth.
The name under which the business is to be conducted.
The present residence of the applicant.
The address at which the business is to be conducted.
The specific nature of the business.
The residence of the applicant during the past five years.
Whether or not the applicant has ever had a license to conduct the business herein described denied or revoked. If such license has been denied or revoked, the applicant shall set forth in detail the facts leading to such denial or revocation.
The details of any conviction for crimes of the first, second, third or fourth degree, the date of the conviction and the place where said conviction was obtained.
The business telephone number of the applicant.
If a corporation, the name and address of the registered agent thereof.
Prior to the issuance of a license, the Borough Clerk, in his discretion, shall have the authority to cause a routine police check to be made of the applicant to verify the validity of such information.
The applicant shall certify that it supplies the information knowing the Borough of Oceanport shall rely thereon in issuing a license, and the applicant further agrees to comply with all laws and ordinances of the Borough applicable to the operation of said business.
The application shall be made upon forms supplied by the Borough Clerk.
Commercial landscapers may not operate within the Borough of Oceanport without first procuring a license to be issued by the Borough Clerk in accordance with the provisions of this chapter. There shall be no restriction on the number of such licenses which may be issued.
[Added 2-1-1996 by Ord. No. 671]
Pursuant to N.J.S.A. 40:52-1.2, as a condition of issuance or renewal of a license, all delinquent property taxes or assessments on the property must be paid. The license shall be revoked or suspended if property taxes are not paid for three consecutive quarters or more. The license shall be restored upon payment of taxes.
Any person, firm or corporation shall be subject to the requirement to obtain a mercantile license if, by himself or through an agent, employee or partner, he holds himself forth as being engaged in a business or occupation or solicits patronage therefor, actively or passively, or performs or attempts to perform any part of such business or occupation within the Borough of Oceanport.
All license fees shall be due and payable to the Borough Clerk on the first day of January of each year, the term thereof commencing on January 1 and expiring on December 31 thereafter.
In the absence of any provision to the contrary, all fees and charges for licenses shall be paid in advance at the time of the application to the Borough Clerk.
The license fees to be paid annually. All businesses, trades and occupations conducted within the Borough of Oceanport shall pay a license fee of $25 for each year, or part thereof, in which they shall operate said business.
The Borough Clerk may issue a special registration certificate and authorize the waiver of the payment of license fees or other charges to public, charitable, educational, literary, fraternal, religious or other nonprofit enterprise for a public, charitable, educational, literary, fraternal, religious or other similar purpose. However, the applicant shall submit the usual application form in the manner required by this chapter and shall operate in accordance with all other requirements.
Any person holding a valid license issued by the Monmouth County Clerk in accordance with the provisions of N.J.S.A. 45:24-9 shall be exempt from the payment of any fees required by this chapter. This exemption shall only apply to the payment of fees and shall not exempt the holder of any such license from the obligation to register in accordance with the requirements of this chapter.
Prior to November 1 of each year, the Borough Clerk shall mail to all valid licensees of the Borough a statement of the time of expiration of the license currently held by the licensee, a renewal application and specify the amount of the renewal fee. However, the failure of the Borough Clerk to send out such notice or the failure of the licensee to receive it shall not excuse a licensee for failing to obtain a mercantile license, nor shall it be a defense in an action for operating without having received a valid license.
The acceptance of a mercantile license application or fee or the issuance of such license or any renewal thereof shall not be construed or considered as an approval by the Borough of the use or activity being conducted by the applicant or licensee. It shall be the obligation of the applicant or licensee to comply fully with all applicable statutes, ordinances, rules and regulations and obtain from all governmental agencies all consents, permits and approvals required in order for the applicant or licensee to lawfully conduct its activity.
The Borough Clerk shall have the right to revoke any license whenever the holder thereof or any of the licensees, 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. After written notice of the revocation has been served upon the licensee, an appeal may be filed with the governing body within 10 days of the service of said notice. The governing body shall thereupon conduct a hearing in the matter within 30 days after receipt of the notice of appeal and shall render a decision within 15 days of the date of said hearing.
The primary party responsible for the enforcement of this chapter and the issuance of a complaint for any violation thereof shall be the Zoning Officer of the Borough. However, the Construction Official or any other Borough official or police officer shall also be authorized to issue a complaint for any violation of this chapter.