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 City, except alcoholic beverage licenses, dog licenses
and taxicab licenses; provided that tax-exempt religious and charitable
organizations shall be exempted from paying the license fees provided
for in this title.
License. Licenses shall be in a form which the Mayor and 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.
G. It shall be a condition of the issuance of any and all licenses under
the provisions of this chapter that said business shall be used and
operated only for lawful purposes and not in violation of Title 16,
the Land Use Ordinance, or other ordinances of the City of Burlington.
The Chief of Police shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Mayor and Council and shall contain the same information as is required by §
213-4 to be contained in the license. 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 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 his/her certificate of license prominently displayed upon his/her
person.
A 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 of the Mayor and Council
by resolution. Any person, firm or corporation receiving a license
pursuant to the within chapter shall notify the City Clerk within
10 days after a change in the location of any licensed business.
The City Clerk shall have the right to revoke any license whenever
the holder thereof or any of the licensee's agents, employees
or servants violates any provision 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 to the City Council within 10
days of service of said notice. The City Council shall thereon conduct
a hearing of the matter within 30 days after receipt of the notice
of appeal and shall render a decision within 15 days of such hearing.
A. Causes. Any license or permit issued by the City may be revoked 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 material misrepresentation made
in the conduct of the licensed activity;
(3) A violation of any provision of the Municipal Code or state or federal
law;
(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 or his/her
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;
(6) Whenever a license has been issued immediately upon application,
pending the results of the investigation provided for by this section,
such license may be summarily revoked if the result of the investigation
is such as would have resulted in denial of the application.
B. Notice of hearing. Notice of hearing for the revocation of a license
or permit shall be given in writing by the City 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/her last known address by
certified mail, return receipt requested, at least five days prior
to the date set for the hearing.
C. Hearing; determination. 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/her own behalf, to cross-examine opposing
witnesses and to have a permanent record made of the proceedings at
his/her 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.
D. Reinstatement of revoked license. The Council may issue another license
to a person whose license has been revoked or denied 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.
Every person to whom a license is issued under the terms of
this chapter shall be governed by the following rules and regulations:
A. All circulars, samples or other matter shall be handed to an occupant
of the property and not left on or about the premises.
B. No person, subject to the provisions of this chapter, shall sell
or attempt to sell, in accordance with the terms of this chapter,
except as set forth in the preceding paragraphs, before 8:00 a.m.
and not after 9:00 p.m., Mondays through Saturdays, except where expressly
invited in the homes by the occupant thereof.
C. No person, subject to the terms of this chapter, shall enter or attempt
to enter the house of any resident in the City without an express
invitation from the occupant of the house.
D. No person, subject to the terms of this chapter, shall conduct himself/herself
in such a manner as to become objectionable to or annoy an occupant
of any house.
No licensee shall have any exclusive right to any location on
any public street, nor shall any licensee be permitted a stationary
location or be permitted to operate in a congested area where such
operation might impede or inconvenience the public use of such streets.
For the purpose of this chapter, the judgment of the police officer,
exercised in good faith, shall be deemed conclusive as to whether
the area is congested and the public impeded or inconvenienced.
The Clerk, Chief of Police, or any police officer, any code
enforcement official or any other appropriate City official shall
enforce the provisions of this chapter.
The provisions of this chapter shall not apply to the following:
A. Any person who has been honorably discharged from the active military
service of the United States, who is a resident of this state, and
every exempt member of a volunteer fire department, volunteer fire
engine, hook and ladder, hose, supply company or salvage corps, of
any municipality or fire district in this state, who holds an exemption
certificate issued to him as an exempt member of any such department,
company or corps, and who is a resident of this state, provided that
any such person shall have been issued a license pursuant to N.J.S.A.
45:24-9 et seq. Such person shall be required to comply with all other
applicable provisions of this chapter and Chapter 5.56;
B. Any person engaged in the delivery of goods, wares or merchandise
or other articles or things in the regular course of business to the
premises of persons who had previously ordered the same or were entitled
to receive the same by reason of a prior agreement;
C. Any person under 18 years of age;
D. Federal census takers and polls or surveys taken pursuant to federal,
state or local laws.