[HISTORY: Adopted by the Mayor and Council of the Borough of River Edge as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-31-1975 as § 5-1 of the 1975 Code; amended in its entirety 11-2-1992 by Ord. No. 1059]
The purpose of this article is to provide a uniform set of procedures for administering the issuance, renewal and revocation of all licenses issued by the Borough, except alcoholic beverage licenses and dog and cat licenses and except as may be specified otherwise or provided elsewhere in this article. [NOTE: The general power to license and to prescribe license fees is contained in N.J.S.A. 40:55-1 and 40:55-2. Licensing is also a part of the general police power granted by N.J.S.A. 40:72-3 and N.J.S.A. 40:48-2.]
Editor's Note: N.J.S.A. 40:55-1 and 40:55-2 were repealed by L. 1953, c. 433.
All applications for licenses shall be accompanied by the required fee and shall be made to or through the Borough Clerk, unless otherwise specified herein, upon forms provided by the Borough Clerk, at least 10 days prior to the desired issuance of the license. Applications shall contain the information as specified in this article and may include the following, along with any other information deemed necessary or specifically called:
The name, description and permanent and local address of the applicant. If the applicant is a corporation, the name and address of its registered agent.
The date of birth, driver's license number and social security number or tax identification number of the applicant.
If the licensed activity is to be carried on at a fixed location, the address and description of the premises.
If a vehicle is to be used, its description, including the license number.
If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship.
The days of the week and hours of the day during which the licensed activity will be conducted.
A description of the nature of the activity or business and the goods, property or services to be sold, supplied or solicited.
A statement as to whether the applicant has been convicted of any crime or the violation of any municipal ordinance of the Borough of River Edge other than traffic offenses and, if so, the date and place of conviction, the nature of the offense and the punishment or penalty imposed.
Appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate his character and responsibility.
Applications by partnerships shall be signed by all partners with the information required by this subsection supplied in detail as to each partner, and applications of corporations shall have attached individual statements containing all of the information required by this subsection relating to each employee or agent who shall engage in the licensed activity and shall be signed by each employee or agent.
The length of time for which the license is required.
The place where the merchandise to be sold or offered for sale is manufactured or produced, the place where such merchandise is located at the time such application is filed and the proposed method of delivery.
A photograph of the applicant taken 60 days immediately prior to the date of the application, which photograph shall clearly show the head and shoulders of the applicant and shall measure two inches by two inches.
Each applicant shall be referred to the Chief of Police or a police officer designated by the Chief of Police who shall immediately institute whatever investigation of the applicant's business responsibility, moral character and ability to properly conduct the licensed activity the Chief of Police considers necessary for the protection of the public. As part of such investigation, the Chief of Police may conduct a criminal history background check, for which each applicant shall submit the required form. The Chief of Police shall communicate his findings, in writing, to the Borough Clerk within a reasonable time after the application has been filed. If the Chief of Police decides that the applicant's character, ability or business responsibility is unsatisfactory, or the products, services or activity are not free from fraud, the Chief of Police shall disapprove the application, and the Clerk shall refuse to issue the license and shall so notify the applicant. Any determination by the Chief of Police that an application is unsatisfactory shall be based upon one or more of the following findings with respect to the applicant:
Conviction of a crime relating adversely to the occupation of peddling, canvassing or soliciting, which shall be determined in accordance with the provisions of N.J.S.A. 2A:168A-2 and set forth in a written explanation provided to the applicant based upon consideration of the following factors or any other factors:
The nature and duties of the business for which a license is sought;
The nature and seriousness of the crime;
Circumstances under which the crime occurred;
The date of the crime;
The age of the person when the crime was committed;
Whether the crime was an isolated or repeated incident;
Social conditions which may have contributed to the crime; and
Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work release programs or the recommendations of persons who have or have had the applicant under their supervision.
Prior violation of a peddling, hawking, canvassing or soliciting ordinance.
Previous fraudulent acts or conduct.
Record of breaches of soliciting contracts.
Misrepresentation or false statements contained in the application for the license.
Concrete evidence of bad moral character.
If the Chief of Police approves the application, the Clerk shall issue the license immediately, provided that the required license fees have been paid, except in cases where approval of the Borough Council is required. In the case of an application for a solicitor's, peddler's or canvasser's license, the license may be issued immediately, subject to investigation. In the event of the refusal of the issuance of a license, the applicant may appeal to the Borough Council for a hearing. The appeal shall be filed, in writing, with the Borough Clerk within 14 days after notification of the refusal. Council shall hold its hearing within 10 days thereafter, and its decision shall be final.
The license shall be in a form which the Borough Council shall prescribe by resolution, shall be consecutively numbered and shall contain the following information:
The name, address and photograph of the licensee. The applicant shall furnish a photograph to the Borough in accordance with the size requirements indicated under § 268-2M.
The number and type of the license and the nature of the licensed activity.
The address at which the licensed activity is conducted, if the activity is carried on at a fixed location.
If the licensed activity is conducted from a vehicle, the make, model and license number of the vehicle.
The date of issue of the license.
The length of time the license shall be operative.
Any other appropriate information which the Chief of Police may request and the Borough Council may require by resolution.
The Borough Clerk shall keep a record of all licenses issued under this article. The record shall be in a form prescribed by resolution of the Borough Council and shall contain the same information as is required by § 268-4. It shall also indicate the amount of the fee paid for the license, the date upon which payment was received, the date of the issuance of the license, whether the license is new or a renewal and any other information which the Council may require by resolution. The Chief of Police shall also keep a record of all licenses issued under the provisions of this article and shall record therein all convictions for violations of this article and other pertinent circumstances and instances reported to the Chief of Police.
Every licensee shall restrict his selling or other activity within the Borough to the hours between 9:00 a.m. prevailing time and 5:00 p.m. on Mondays through Saturdays, except for the holder of a canvasser's license, which shall restrict his activity within the Borough to the hours between 9:00 a.m. prevailing time and 9:00 p.m. on Mondays through Saturdays, and 1:00 p.m. through 5:00 p.m. prevailing time on Sundays, and shall notify the police officer on duty at least once in every week in which he plans to conduct said activity before commencing his selling, soliciting, canvassing or distributing activity. Such notification shall include a statement of the general area of the Borough in which the licensee intends to conduct said activity and a schedule of dates and times when said activity shall be conducted. The licensee shall notify the police officer on duty of any change in the area or time of solicitation should such changes be made during the week.
When parked on a time-regulated parking street, a peddler, canvasser or solicitor must obey all existing parking ordinances.
Vehicles moved or parked on public streets in connection with a canvassing, peddling or soliciting operation must comply with all state and motor vehicle laws.
No signs are to be erected or displayed without the approval of the zoning code official except for signs on vehicles that stipulate prices on food offered.
Peddlers, canvassers and solicitors are prohibited from serving drivers or passengers of vehicles and are only allowed to serve pedestrian customers.
No peddler, canvasser or solicitor nor any person on their behalf shall shout, cry out, blow a horn or use any sound device, including any loud-speaking radio or sound amplification system, upon any of the streets, alley, parks or other public or private places in the Borough to call attention to his business or to his merchandise.
It shall be the duty of any police officer of the Borough of River Edge to enforce provisions of this article and to require any persons seen peddling, canvassing or soliciting who is not known by such officer to be duly licensed to produce his license.
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 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.
[Amended 12-16-1996 by Ord. No. 1172]
Except as otherwise provided, a license shall apply only to the person to whom it was issued and shall not be transferable to another person. In cases where the licensed activity is conducted at a fixed location, licenses may be transferred from place to place, but only with approval of the Council by resolution. The fee for the transfer of a license from place to place shall be as set forth in the Borough Fee Schedule, adopted by resolution of the Borough Council, on file in the office of the Borough Clerk.
Except where expressly provided otherwise, all licenses shall expire on December 31 of the year of issue at 12:00 midnight. Applications for the renewal of licenses shall be made not later than December 1 of the year of issue.
Any license or permit issued by the Borough may be revoked by the Borough Council after notice and hearing for any of the following causes:
Fraud or misrepresentation in any application for a permit or license.
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
A violation of any provision of this article.
A conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly persons offense involving moral turpitude.
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.
Whenever a license has been issued immediately upon an application pending the results of the investigation provided for by this article, such license may be summarily revoked if the result of the investigation is such that 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 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 the hearing.
At the hearing, the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses on his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The Borough Council shall revoke or suspend a 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 section if, after a 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, 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 provision of this article or for the purpose of administering the provisions of this article or making them more effective. No regulations shall be inconsistent with or alter or amend any provision of this article, 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 provision of this article.
[Amended 3-21-1988 by Ord. No. 955; 12-16-1996 by Ord. No. 1172]
For a violation of any provision of this article, the maximum penalty, upon conviction thereof, shall be a fine not exceeding $1,000, or imprisonment for up to 90 days, or a period of community service not exceeding 90 days, or any combination thereof.
[Adopted 11-5-2018 by Ord. No. 18-22]
The purpose of this article is to license establishments that sell electronic smoking devices and related products. The funds collected by licensing of such establishments shall be used to fund the development and maintenance of programs related to tobacco cessation, prevention, and control as may be established and/or administered by the Borough of River Edge Health Department.
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning stated herein, unless their use in the text of this article clearly demonstrates different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number shall include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- ELECTRONIC SMOKING DEVICE
- An electronic or other powered device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo or pipe, or any cartridge or other component of the device or related product.
- LICENSE YEAR
- The time period covering June 1 through May 31 of the year for which a license is issued pursuant to this article.
- RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT
- Any establishment that sells, distributes, gives or offers for sale electronic smoking devices designed for consumption through inhalation.
- Every delivery of electronic smoking devices, whether the same is by direct sale or the solicitation or acceptance of an order, including exchange, barter, traffic in, keeping and exposing for sale, displaying for sale, delivering for value, peddling and possession with intent to sell, distribute or give.
No person shall conduct, maintain or operate a retail electronic smoking device establishment that sells, distributes or gives electronic smoking devices without first obtaining from the Borough of River Edge Health Department a license to do so.
Fees in accordance with the following schedule shall be paid before any license required in this article shall be issued:
Electronic smoking device establishment license: $1,200.
Licenses issued under the provisions of this article, unless forfeited or revoked by the Borough of River Edge Health Department, shall expire annually on the 31st day of May of each year.
The fees for all initial licenses issued to a licensee pursuant to this article shall be an amount proportionate to the number of months remaining in the license year, including the month in which the license is issued.
No license is transferable by sale or otherwise.
Such license shall be posted in a conspicuous place in such establishment. No itinerant establishments shall be permitted to obtain an electronic smoking device establishment license.
All licensing fees shall be paid to the Borough of River Edge. The funds collected by the licensing of such establishments shall be used to fund the development, maintenance and/or enforcement of a Tobacco Age of Sale Enforcement Program and other smoking cessation, prevention or control programs as may be established and/or administered by the Board.
No person shall sell, distribute or give electronic smoking devices in the Borough of River Edge unless an employee of the establishment controls the sale of such products. A person may only sell electronic smoking devices in a direct, face-to-face exchange between the retailer and the consumer. Self-service displays and vending machines of electronic smoking devices shall be prohibited.
No person shall sell, distribute, or give electronic smoking devices to any person under the age of 21 years.
No retail electronic smoking device establishment shall allow the retailer, employee or any other person to sell, distribute or give such products until the retailer, employee or other person has read the Borough of River Edge ordinances and state laws pertaining to the sale of electronic smoking devices and has signed a statement that they have read such ordinances and state laws. Such form statement will be supplied by the Borough of River Edge Health Department, and all signed original statements shall be kept on file by the retail electronic smoking device establishment and made immediately available at all times for review by the Borough of River Edge Health Department. All retail electronic smoking device establishments shall be in compliance with this provision by the effective date noted in § 268-24.
The sale of any electronic smoking device refill liquid, whether or not such liquid contains nicotine, that is intended for human consumption and that is not contained in packaging that is child-resistant is prohibited as set forth in N.J.S.A. 2A:170-51.9 et seq.
License holders can only do in-person marketing and sales of electronic smoking devices at the retail electronic smoking device establishment. There shall be no cross-marketing or sales at nonregistered retail locations and mobile locations, including, but not limited to, street fairs, local fairs, festivals, etc.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to the following penalties. For any and every violation of any of the provisions of this article, the violator of said provision will be subject to a fine of not less than $1,200 and not more than $2,500.
In addition, any violator of this article shall be subject to having any Borough license held by the violator, suspended or revoked or being fined. No such action may be taken unless the requirements of due process are satisfied.
These penalties are in addition to any penalties that may be imposed, including, but not limited to, penalties imposed by the New Jersey Code of Juvenile Justice, N.J.S.A. 2A:170-51 et seq., and N.J.S.A. 2C:33-13.1 et seq.
Fines and sanctions associated with this article shall be dedicated and forwarded to the Borough of River Edge Health Department to be used in connection with education and enforcement of this article. The monies shall be maintained by the Chief Financial Officer of the Borough of River Edge.
Each section, subsection, sentence, clause and phrase of this article is declared to be an independent section, subsection, sentence, clause and phrase. If any portion of this article, or its application to any person or circumstances, shall be adjudged or otherwise determined to be invalid, unconstitutional, void, or ineffective for any cause or reason, such determination shall not affect the remaining provisions of this article; and the application of such remaining provisions shall not be affected thereby and shall remain in full force and effect; and to this end, the provisions of this article are severable.
This article shall take effect upon passage and publication as provided by law.