Every person required to procure a license under
the provisions of this chapter shall submit an application for such
license to the Borough Clerk of the Borough of Chesilhurst at the
Borough Hall, Chesilhurst, New Jersey, which shall be accompanied
by the full amount of the fee chargeable for the license applied for.
Said application shall be a written statement
upon the forms provided by the Borough Clerk and shall contain the
following:
A.
Previous license history of the applicant and whether
any previous revocation or suspension and the reasons therefor.
C.
Statement that the applicant is not in default under
the provisions of this chapter or indebted or obligated in any manner
to the Borough of Chesilhurst, except for current taxes.
D.
Such other facts relative to the general personal
history of the applicant, or its officers and managers if said applicant
is not an individual, so as to enable the Borough of Chesilhurst Borough
Clerk to a fair determination of the eligibility of the applicant.
E.
Name of person to whom license will be issued and
his residence address. If the applicant is not an individual, then
the names, positions and residence addresses of all officers and managers
of the applicant.
F.
The premises at which the business is to be carried
on and the name and address of the owner of said premises.
In addition to the requirements of § 303-9 preceding, persons applying for licenses as transient merchants, itinerant merchants, itinerant vendors, peddlers, solicitors, canvassers or handbill distributors shall furnish this further information on their respective applications or attach the same thereto:
A.
The place or places in the Borough of Chesilhurst
where the applicant proposes to carry on business, peddle, solicit,
canvass, or distribute and the length of time he proposes to do so.
B.
The place or places within or without the Borough
of Chesilhurst where the applicant within two years next preceding
the date of said application did carry on business, peddle, solicit,
canvass or distribute.
C.
A statement of the nature, character and quality of
the goods, wares or merchandise to be sold or offered for sale where
manufactured and located and proposed method of delivery.
D.
A brief statement of the nature and character of the
advertising done and proposed to be done in order to attract customers.
E.
Credentials from the person, firm or corporation for
which the applicant proposes to do business, authorizing the applicant
to act as such representative.
F.
Such other reasonable information as to the identity
or character of the person or persons having the management or supervision
of the applicant's business or the method or plan of doing such business
as the Borough Clerk may deem proper to fulfill the purposes of this
chapter.
G.
If a vehicle is to be used, a description of the same,
together with the license registration number or other means of identification.
No license, or renewal thereof, shall be issued
to a person not of good moral character. If applicant is not an individual,
these provisions shall apply to its officers and managers.
Upon written request of the Borough Clerk, the
Chief of Police shall ascertain if the applicant has any criminal
record and report, in writing, affirmatively or negatively thereon
within seven days after this request is made, indicating in his report
his approval or disapproval of the granting of a license and giving
his reason therefor.
After submission of the application and the
required fees to the Borough Clerk, the Borough Clerk shall make any
investigation necessary and shall indicate his written approval or
disapproval of the license application within 30 days after the application
is filed with the Borough Clerk. If approved the license shall issue
forthwith in the name of the Borough Clerk. If disapproved, the Borough
Clerk shall forthwith notify the applicant and the Borough Clerk,
in writing, of such disapproval and the reasons therefor and the applicant
shall have 10 days from receipt of notice of disapproval to appeal
from the decision of the Borough Clerk to the Borough Council of the
Borough of Chesilhurst who after due hearing can affirm or reverse
the decision of the Borough Clerk.
Applications for renewal or transfer of a license
shall follow the same procedure as is outlined in the preceding sections
for an original application.
Before any license, as provided for by this
chapter, shall be issued for a transient merchant, itinerant merchant,
itinerant vendor, peddler, solicitor, canvasser or hand bill distributor,
the applicant for said license shall file with the Borough Clerk of
the Borough of Chesilhurst a bond running to the Borough of Chesilhurst
in the sum of $2,000 executed by applicant as principal and a surety
company licensed to do business in the State of New Jersey as surety,
which bond is to be approved as to form by the Borough Solicitor and
conditioned as follows:
A.
Applicant shall comply fully with all the provisions
of the ordinances of the Borough of Chesilhurst and the statutes of
the State of New Jersey respecting the applicant's business; and
B.
Provide for payment of all judgments and costs rendered
against such applicant for any violation of said ordinance and statutes;
and
C.
Provide for payment for all judgments and costs rendered
or recovered against applicant or any of his agents, servants or employees
for damages growing out of any tort or crime committed by the applicant
or any of his agents, or employees on any person in the Borough of
Chesilhurst, while engaged in business within the Borough and for
damages growing out of any misrepresentation or deception practiced
on any persons transacting such business with such applicant, whether
such misrepresentations or deceptions were made or practiced by the
applicant or by his servant, agent or employee either at the time
of making the sale or through any advertisement of any character whatsoever
printed or circulated with reference to the goods, wares and merchandise
sold or any part thereof; and
D.
Providing that all money paid as a down payment will
be accounted for and applied according to the representation of the
applicant or his agents, servants or employees, and further guaranteeing
to any citizen or resident of the Borough of Chesilhurst doing business
with the said applicant or his servants, agents or employees that
the property purchased will be delivered according to the representation
of the applicant, or his agents, servants or employees.
[Added 3-9-1989 by Ord. No. 89-1]
It is hereby declared to be the policy of the
Borough of Chesilhurst that it shall be a condition of issuance of
a mercantile license that all taxes and/or fees pertaining to the
premises where the license is to be issued shall be paid and current
and not in arrears prior to the issuance of said license.
