[HISTORY: Adopted by the Mayor and Council of the Borough of Old
Tappan 5-26-1975 as Sec. 4-1 of the 1975 Code, as amended through Ord. No.
410-89. Subsequent amendments noted where applicable.]
The purpose of this chapter is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses issued
by the municipality, except alcoholic beverage licenses, dog licenses, and
taxicab licenses.[1]
All applications for licenses shall be accompanied by the required fee
and shall be made to the Borough Clerk, upon form provided by him, and shall
be sworn and subscribed to by the applicant, and shall contain the following
information:
A.
Name and permanent and local address of the applicant.
If the applicant is a corporation, the name and address of its registered
agent. If the applicant is not the owner, lessee or operator of the premises
where the licensed activity is to be carried on, then the applicant shall
supply the name and address of the owner, lessee or operator of such premises,
and the application shall also be signed by such owner, lessee or operator.
B.
Name under which the place of business is being conducted
or operated, and if the licensed activity is to be carried on at a fixed location,
the address and a description of the premises.
C.
If a vehicle is to be used, its description including
the license number.
D.
The days of the week and the hours of the day during
which the licensed activity will be conducted.
E.
A description of the nature of the business and the goods,
property or services to be sold or supplied.
F.
A statement as to whether the applicant has been convicted
of any crime or the violation of any municipal ordinance, other than traffic
offenses, and, if so, the date and place of conviction, the nature of the
offense, and the punishment or penalty imposed.
G.
Appropriate evidence as to the good character and business
responsibility of the applicant so that an investigator may properly evaluate
his character and responsibility.
H.
The applicant shall be fingerprinted if the Chief of
Police determines that fingerprints are necessary for proper identification.
Fingerprint records shall be immediately processed for classification and
identification.
I.
Applications by partnerships shall be signed by all partners
with the information required by this section supplied in detail as to each
partner, and applications of corporations shall have attached individual statements
containing all of the information required by this section relating to each
employee or agent who shall engage in the licensed activity, and shall be
signed by each employee or agent.
J.
Any other information which the Mayor and Council may
deem reasonably necessary for the full protection of the interest of the public
in the application.
A.
Each application shall be referred to the Chief of Police
or a police officer designated by him, who shall immediately institute whatever
investigation of the applicant's business responsibility, moral character
and ability to properly conduct the licensed activity as he considers necessary
for the protection of the public. He shall communicate his findings in writing
to the Borough Clerk within a reasonable time after the application has been
filed.
B.
If the investigator decides that the applicant's character,
ability or business responsibility are unsatisfactory, or the products, services
or activity are not free from fraud, he shall disapprove of the application
in writing, with appropriate explanatory remarks, and the Clerk shall refuse
to issue the license and shall so notify the applicant. Otherwise, the Borough
Clerk shall issue the license immediately, provided the required license fees
have been paid except in cases where approval of the Mayor and Council is
required.
C.
In the case of an application for a solicitors, peddlers,
or canvassers license, the license may be issued immediately subject to the
investigation.
D.
In the event of the refusal of the issuance of a license,
the applicant may appeal to the Council for hearing. The appeal must be filed,
in writing, with the Borough Clerk within 14 days after notification of the
refusal. The Council shall hold its hearing within 10 days thereafter. The
decision of the Council shall be final.
Licenses shall be in a form which the Council shall prescribe by resolution
and shall contain the following information:
A.
The name and address of the licensee.
B.
The number and type of the license and the nature of
the licensed activity.
C.
The address at which the licensed activity is conducted,
if the activity is carried on at a fixed location.
D.
If the licensed activity is conducted from a vehicle,
the make, model and license number of the vehicle.
E.
The expiration date of the license.
F.
Any other appropriate information which the Mayor and
Council may, by resolution, require.
The Borough Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Council and shall contain the same information as is required by § 158-4 to be contained in the license. It shall also indicate the amount of the fee paid for the licenses, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal, and any other information which the Mayor and Council may, by resolution, require.
When the licensed activity is conducted at a fixed location, or from
a vehicle, the license shall be prominently displayed at the location or on
the vehicle. In all other cases the licensee shall have the license in his
possession at all times and shall display it upon the request of any police
officer or any person with whom he is doing business.
Every license shall apply only to the person to whom it was issued and
shall not be transferable to another person. Licenses may be transferred from
place to place, in cases where the licensed activity is conducted at a fixed
location, but only with the approval, by resolution, of the Council. The fee
for the transfer of a license from place to place shall be $5.
A.
Except where expressly provided otherwise, all licenses
shall expire on December 31 of the year of issue at 12:00 midnight local time.
Applications for the renewal of licenses shall be made not later than December
1 of the year of issue.
B.
When an application for a license is made during the
course of any calendar year, the fee shall be prorated to the nearest month.
Any period of time greater than 1/2 a month shall be considered as a full
month for this purpose.
A.
Any license or permit issued by the borough may be revoked
by the Council after notice and a hearing for any of the following causes:
(1)
Fraud or misrepresentation in any application for a permit
or license.
(2)
Fraud, misrepresentation or other dishonesty in the conduct
of the licensed activity.
(3)
A violation of any provision of the Code of the Borough
of Old Tappan.
(4)
Conviction of the licensee for any felony or high misdemeanor
or a misdemeanor or disorderly person's offense involving moral turpitude.
(5)
Conduct of the licensed activity whether by the licensee
himself or his agents or employees in an unlawful manner or in a manner that
constitutes a breach of the peace or a menace to the public health, safety
or general welfare.
B.
Whenever a license has been issued immediately upon an
application, pending the results of the investigation provided for by this
chapter, the license may be summarily revoked if the result of the investigation
would have resulted in denial of the application.
Notice of a hearing for the revocation of a license or permit shall
be given in writing by the Borough Clerk. The notice shall specifically set
forth the grounds upon which the proposed revocation is based and the time
and place of the hearing. It shall be served by mailing a copy to the licensee
at his last known address by certified mail, return receipt requested, at
least five days prior to the date set for hearing.
At the hearing the licensee shall have the right to appear and be heard,
to be represented by an attorney, to present witnesses in his own behalf,
to cross-examine opposing witnesses and to have a permanent record made of
the proceedings at his own expense. The Council shall revoke or suspend the
license if it is satisfied by a preponderance of the evidence that the licensee
is guilty of the acts charged.
The Council may issue another license to a person whose license has
been revoked or denied as provided in this chapter if after hearing it is
satisfied by clear and convincing evidence that the acts which led to the
revocation or denial will not occur again; otherwise, no person whose license
has been revoked or denied, nor any person acting for him/her, directly or
indirectly, shall be issued another license to carry on the same activity.
The Council may, by resolution, make rules and regulations which interpret
or amplify any provisions of this chapter or for the purpose of administering
the provisions of this chapter or making them more effective. No regulation
shall be inconsistent with or alter or amend any provisions of this chapter,
and no regulation shall impose any requirement which is in addition
to or greater than the requirements that are expressly or by implication imposed
by any provisions of this chapter.
No license or permit shall be issued with respect to any business or
activity, or to any property where the business or activity for which the
license or permit is sought is situated, unless there shall have first been
paid all delinquent property taxes and assessments for which such property
is liable.
A.
The borough shall suspend any previously issued license
or permit at such time as a tax or an assessment levied upon the property
whereon the licensee or permittee conducts its business or activity shall
have remained unpaid for more than three consecutive quarters.
The license or permit shall be restored upon payment of the delinquent
tax or assessment, together with interest accrued and penalties imposed thereon.
