[HISTORY: Adopted by the City Council of
the City of Salem 5-20-2002 by Ord. No. 02-13; amended in its entirety 10-18-2021 by Ord. No.
21-10. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Conducting, engaging in or carrying on any retail, commercial,
industrial, mercantile, trade, professional, occupational, vocational,
service or other nonresidential activity, including, but not limited
to, store, shop, salon, office, warehouse, manufacturing, restaurant,
meeting hall, lodge, conference, school or day-care facility, from
premises located within the City of Salem. However, the term "business"
shall not include:
Home-based businesses where there are no employees other than
the resident homeowner regularly working from or visiting the home;
all activity is confined within the interior of the home; there is
no signage relating to the business; and neither suppliers, vendors
nor members of the general public are regularly invited onto the premises
in connection with the business.
Rental unit leased or to be leased for residential purposes which is subject to the licensing requirements of Chapter 172 of this Code;
Any establishment involved in the sale or distribution of alcoholic beverages which is subject to Chapter 69 of this Code;
A pool or billiard facility or amusement arcade which is subject to the licensing requirements of Chapter 71 of this Code;
Shows, exhibitions, dances and other temporary entertainment activities subject to the licensing requirements of Chapter 109 of this Code;
Junkyards subject to the licensing requirements of Chapter 127 of this Code;
Peddlers and solicitors, not operating from a fixed location, subject to the licensing requirements of Chapter 160 of this Code;
Yard, garage and lawn sales subject to the licensing requirements of Chapter 174 of this Code;
Vehicle repair garages subject to the licensing requirements of Chapter 217 of this Code;
Exceptions made for special events or otherwise for good cause
as determined by the City Council.
Includes plural as well as singular and includes individuals,
clubs, societies, assemblies, churches, corporations, including nonprofits,
associations, partnerships, limited-liability companies, joint ventures
and other entities.
No person shall open, operate or conduct any business in the
City of Salem without first complying with the provisions of this
chapter and obtaining a license therefor as provided herein.
A.
Applications for a business license required by this chapter shall
be made, in writing, to the Director of the Department of Commerce
(the Department). Each application shall contain the following information:
(1)
The name and address and telephone number of the applicant and the
social security number or taxpayer identification number of the applicant.
A photo ID shall be presented at the time of the application by the
applicant.
(2)
The address, including tax lot and block number, at which the business
is to be conducted.
(3)
The name, address and telephone number of the owner of property at
which the business is to be conducted if the owner is different than
the applicant.
(4)
A specific description of the business to be conducted, including
the types of products to be sold or services provided, approximate
hours of operation and approximate number of employees.
(5)
The name under which the business is to be conducted.
(6)
The home address and telephone number of the applicant, or in the
case of a corporation or other entity applicant, the home address
and telephone number of a responsible contact person who serves as
the designee/agent of the applicant with respect to the business.
(7)
In the case of an applicant corporation or other entity required
by law to have a registered agent, the name and address of such registered
agent.
(8)
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, the applicant shall set forth in detail the facts leading
to such denial. With respect to a corporation or other entity applicant,
this disclosure shall also apply to the principal officer or officers,
and any person holding 10% or more of the stock or other ownership,
of the entity applicant.
B.
Each application shall also include a certification by the applicant
to the following:
(1)
That to the best knowledge and information of the applicant, the
premises where the business is to be conducted is in compliance with
all applicable zoning, building, housing, health and safety codes
and regulations.
(2)
That to the best knowledge and information of the applicant, the
municipal real estate taxes and water and sewer charges for the premises
where the business is to be conducted are paid current.
C.
The application form shall require the disclosure of such other information
as the Department may, from time to time, prescribe.
D.
Each application shall also require proof that:
(1)
The premises where the business is to be located has been inspected
by the applicable state and City code officials, as may apply and
the County Department of Health and, found to be in compliance with
applicable state, county and City codes/regulations relating to minimum
life safety standards, and that a certificate of occupancy has been
issued to the applicant by the official(s) confirming the foregoing;
and
(2)
Site plan approval, or waiver thereof, has been granted by the City and if applicable, County Planning Boards, for the proposed business at the proposed business premises, and a resolution has been issued to the applicant by the Planning Board confirming the foregoing, or a written existing business relocation waiver issued by the Zoning Officer pursuant to § 130-117A(5).
(3)
The property where the business is to be located has received a permit
from the Historical Preservation Commission if under the jurisdiction
of the Commission.
A.
All applications for business licenses shall be made by the applicant
prior to the establishment, opening or conduct of the business. The
applicant shall be required to pay a nonrefundable fee as set forth
on the attached schedule[1] for the processing of the application, which fee must
be submitted with the application.
[1]
Editor's Note: This schedule is included as an attachment to this chapter.
B.
In the case of any business already established, opened and operating
at the time of the adoption of this chapter, the person responsible
for said business shall be required to complete and file the application
renewal form within 120 days after the adoption of this chapter.
C.
Any business license issued under this chapter shall be nontransferable to any other person, location, or other business operation. In the event of any change of ownership of the licensed business, change in location, or material expansion or change in the business operation, a new license shall be required and an application therefor shall be filed. Notwithstanding the foregoing, a business license issued under this chapter shall be transferable, and no new fee shall be due under Subsection A hereof in connection with such transfer, if in connection with an existing business relocation waiver issued by the Zoning Officer pursuant to § 130-117A(5).
D.
Prior to the issuance of any license under this chapter, the Department
shall have the authority to investigate the applicant and/or the information
supplied by the applicant to verify the validity thereof.
E.
Upon compliance with all of the foregoing requirements for a business
license, the Department shall issue the license.
F.
Each person to whom a business license shall be issued shall display
the current license at the business premises in a conspicuous place.
G.
Any person to whom a business license shall be issued shall notify
the Department within 10 days of any significant change of the information
submitted in the application form.
A.
The Department shall reject, revoke, suspend or impose reasonable
conditions upon a license applied for or issued under this chapter
for any of the following reasons:
(1)
A finding that there was any misstatement of material fact in the
application upon which the license was issued.
(2)
The occurrence of any fact which, had it occurred and been known
before issuance of the license, would have resulted in the denial
of the application.
(3)
Repeated violations or prolonged failure to correct any violation
of any applicable building, housing, health, fire or safety code or
regulations.
(4)
Refusal to allow access to any portion of the licensed premises at
reasonable times with or without advance notice in appropriate circumstances,
in order that officers or agents of the City or any official charged
with enforcement within the municipality of any zoning, building,
housing, health, fire or safety code or regulations applicable to
the premises may determine compliance with such codes or regulations.
(5)
Failure or refusal to comply with any lawful regulation or order
of the City.
(6)
A determination that the issuance or continuation of the license
would be contrary to the best interests of the City.
(7)
The failure of all real property taxes, outstanding/unpaid liens for municipal taxes/municipal charges, and/or municipal water and sewer charges and/or other municipal assessments or charges due to the City to be paid current at the time of the issuance or renewal of the license as required by Chapter 135 of this Code.
(8)
The failure of the owner of the property affected by the license
or upon which a licensed business or activity is conducted to pay
taxes or water/sewer or other municipal charges due to the City for
at least three consecutive quarters following issuance of the license.
B.
A license shall not be revoked until five days prior notice of the grounds therefor has been served upon the licensee, either personally or by certified mail addressed to the licensee at the licensed premises, and a hearing or opportunity to be heard given to the licensee before a representative of the Department. Except where the Commerce Department Director shall determine that in the interest of the public health, safety, morals and welfare an immediate suspension is necessary, he shall order the suspension. In such case, the Commerce Department Director shall send a notice to the licensee by certified mail or personal service to the last-known address, which notice shall state the cause for the suspension revocation and a date for a hearing at which time the licensee shall show cause why the business license shall not be suspended for a longer period of time or revoked. Unless the licensee requests an extension, the hearing shall be held within five days from date of the order of suspension. The decision of the Director may be appealed pursuant to Subsection C.
[Amended 6-20-2022 by Ord. No. 22-09]
C.
Upon determination by the Department to refuse the granting or renewal
of a license, or to suspend, revoke or impose conditions upon a license,
the licensee affected shall be entitled to appeal to the City Council
for a review of that determination; and the City Council may reverse
the Department's determination if it concludes that the application
was improperly denied or that revocation, suspension or conditions
were improperly imposed. Any such appeal must be filed in the offices
of the City Clerk and the Department within 15 days of the date of
the notice issued by the Department refusing, revoking or suspending
the license. An appeal to the City Council of any action by the Department
to revoke, suspend, refuse to renew or to impose new conditions upon
a previously validly issued license, shall stay all proceedings in
furtherance of the action in respect to which the decision appealed
from was made unless the Department issues a written certification
to the City Council, after notice of the appeal has been filed with
the Department, that by reason of the facts stated in the certification
a stay would, in the opinion of the Department, cause imminent peril
to life or property and/or result in other circumstances which are
materially adverse to the public good; and in such case the action
of the Department shall not be stayed other than by order of a judge
of the Municipal or Superior Court upon notice to the Department and
on due cause shown. Notwithstanding the foregoing, the City Council
may, in its discretion, assign the matter to be heard by a hearing
officer or officers who shall be appointed by the Council. If the
matter is assigned to a hearing officer, such officer shall transmit
his findings of fact and conclusions of law to the City Council within
30 days of the conclusion of the hearing. The Council shall then review
the matter and may accept, reject, or modify the recommendations of
the hearing officer based on the record before such hearing officer.
In the event that the matter is not referred to a hearing officer
and is heard by the Council, then the Council shall render a decision
within 30 days of the conclusion of the hearing. Following the hearing,
a decision shall be rendered, granting the appeal and issuing the
license, either conditionally or unconditionally, or revoking or suspending
the license, determining that the license shall not be renewed or
reissued for a defined period of time, or suspending or revoking the
license unless the licensee pays a specified fine, posts financial
security to reasonably ensure future compliance or abatement of the
problem, or fulfills other requirements imposed as are appropriate
under the circumstances. At the hearing, witnesses shall be sworn
in prior to testifying. The strict rules of evidence shall not apply
and the evidential rules and burden of proof shall be that which generally
controls administrative hearings.
A.
No license issued under this chapter shall be issued for more than
two years. All licenses issued under this chapter shall expire on
the 31st day of December of the second year following approval and
every two years thereafter. For those initial licenses that are issued
midyear, the license is in effect for the year of issuance and the
following year. For example, if a business license is issued in July
2021, then the license is in effect for the year 2021 and expires
December 31, 2022.
B.
Every business issued a license under this chapter shall make application for renewal of such license to the Commerce Department Director every two years on or before November 30 of the year of expiration for the following year and shall pay the amount of the license fee as set forth in § 88-4; however, no such business operating in the City who maintains or is responsible for maintaining the property of such business shall be eligible for renewal of such license unless the property has been maintained in a neat manner and consistent with the applicable property maintenance, zoning and commercial building requirements of the City of Salem or is delinquent pursuant to § 88-5A(7) and (8). The property shall be clear of debris with all proper trash receptacles and signage maintained in accordance with the City of Salem ordinances. The City reserves the right to make an inspection of the property before issuance of the renewal license.
C.
Any business who is denied the issuance of a renewal license for failure to comply with the requirements in Subsection B above shall have a forty-five-day extension period from the date of the denial to replace or restore the property to an acceptable manner. During the forty-five-day extension period, the business may continue to operate in the City, provided that the operation of the business does not constitute or create a health or safety hazard.
D.
The failure of any applicant to obtain the renewal of such license
or within the forty-five-day extension period provided after an initial
denial thereof under the provisions of this section shall require
such applicant to immediately cease engaging in or managing his business
until such time as the license is renewed.
Any person who violates any provision of this chapter shall,
upon conviction in the Municipal Court of the City of Salem or such
other court having jurisdiction, be liable to a fine of not less than
$100 nor more than $2,000 or imprisonment or community service for
a term not exceeding 90 days, or both. Each day that a violation occurs
shall be deemed a separate and distinct violation subject to the penalty
provisions of this chapter. Further, any person who violates any provision
of this chapter or who is subject to revocation of a business license
shall immediately cease engaging in or managing such business.
