[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.
[Added 12-15-2022 by Ord. No. 1064[1]]
A.
Minimum limits of general liability insurance. The owner of a business
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.
Proof of general liability insurance required. The owner of a business shall annually register the certificate of insurance demonstrating compliance with Subsection A of this section with the municipality in which the business is located. A reasonable administrative fee for the certificate of registration required pursuant to Subsection A of this section for properties located in that municipality shall be incorporated into the business license fee.
A.
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:
(1)
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.
(2)
The name under which the business is to be conducted.
(3)
The present residence of the applicant.
(4)
The address at which the business is to be conducted.
(5)
The specific nature of the business.
(6)
The residence of the applicant during the past five
years.
(7)
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.
(8)
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.
(9)
The business telephone number of the applicant.
(10)
If a corporation, the name and address of the
registered agent thereof.
B.
Prior to the issuance of a license, the Borough Clerk,
in his/her discretion, shall have the authority to cause a routine
police check to be made of the applicant to verify the validity of
such information.
[Amended 12-15-2022 by Ord. No. 1064]
C.
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.
D.
The application shall be made upon forms supplied
by the Borough Clerk.
E.
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.
A.
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.
B.
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.
[Amended 12-15-2022 by Ord. No. 1064]
A.
The license fees to be paid annually. All businesses,
trades and occupations conducted within the Borough of Oceanport shall
pay a license fee of $50 for each year, or part thereof, in which
they shall operate said business.
B.
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, military 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.
C.
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.
[Amended 12-15-2022 by Ord. No. 1064]
Prior to December 1 of each year, the Borough
Clerk shall mail, either by electronic means or postal service, to
all valid licensees of the Borough a statement of the time of expiration
of the license currently held by the licensee, directions for accessing
and completing 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.
[Amended 12-15-2022 by Ord. No. 1064]
The primary party responsible for the enforcement
of this chapter and the issuance of a complaint for any violation
thereof shall be the Code Enforcement Officer of the Borough. However,
the Construction Official, Zoning Officer or any other Borough official
or police officer shall also be authorized to issue a complaint for
any violation of this chapter.
[Amended 12-15-2022 by Ord. No. 1064]
Any person, firm, association or corporation
violating any section of this chapter shall, upon conviction in the
Municipal Court, be subject to a fine of $500 but not more than $5,000.
Each day after the initial violation shall be considered a new and
individual violation.
