[HISTORY: Derived from Sec. 4-1 of the 2002 Revised General Ordinances, adopted by the Township Council of the Township of Clark 12-16-2002 by Ord. No. 02-27. 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 Township, 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 chapter.
An applicant for a license under this chapter shall file an application with the Township Clerk, unless otherwise stated, and shall give the following information:
Name, physical description and permanent and local address of the applicant. If the applicant is a corporation, the name and address of its registered agent and a copy of its certificate of incorporation.
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 the hours of the day during which the licensed activity will be conducted.
A description of the nature of the business and the goods, property or services to be sold or supplied, or the purpose of the canvass, solicitation or distribution.
The source of supply of the goods or property or services proposed to be sold, where such goods, services or products are located and the method of delivery.
All places of residence of the applicant for the preceding five years.
A statement as to whether the applicant has been convicted of any crime or the violation of any Township 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.
Appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate his/her character and responsibility.
Two photographs of the applicant, taken within 30 days prior to the application, shall be attached. Photographs shall be approximately 2 1/2 inches square and shall show the head and shoulders of the applicant in a clear and distinguishing manner. One photograph shall be attached to the application. The other shall be attached to the license, if granted.
The applicant, with the exception of any noncommercial solicitor, as defined in Chapter 248, Article I, 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.
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.
At the time of filing the application, the established fee shall be paid to the Township Clerk to cover the cost of investigation of the facts stated herein. This fee shall not be prorated or refunded if the application is denied.
Upon application properly completed and submitted pursuant to §§ 203-2 and 203-3, the Township Clerk shall refer the original and duplicate to the Chief of Police, who shall make, or cause to be made, such investigation of the business responsibility and moral character of the applicant and, if employed, the applicant's employer, as he/she deems necessary for the protection of the public good. The duplicate shall be kept on file in the Police Department upon completion of the investigation.
If, as a result of such investigation, the moral character or business responsibility of the applicant or, if employed, the applicant's employer, is found to be unsatisfactory, the Chief of Police shall endorse on the original application his/her disapproval and his/her reasons therefor and return the original application to the Clerk, who shall notify the applicant, in writing, either by personal delivery to the applicant or by certified mail to the applicant at the address stated in the application, that the application is disapproved, as well as the reasons therefor, and that no license shall be issued. The applicant shall have the right to appeal from any such disapproval pursuant to the provisions of § 203-6. Any determination by the Chief of Police that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:
Conviction of a crime involving moral turpitude.
Prior violation of a peddling or soliciting ordinance.
Previous fraudulent acts or conduct.
Record of breaches of soliciting contracts.
Concrete evidence of bad character.
Such other evidence which establishes good cause to disapprove an application.
In the absence of such findings, the Chief of Police shall find the application satisfactory.
Satisfactory findings. If, as a result of such investigation, the character and business responsibility of the applicant and, if employed, the applicant's employer, are found to be satisfactory, the Chief of Police shall endorse his/her approval on the original application and return the same to the Clerk, who shall, in turn, issue a license to the applicant.
Minimum age requirement. In no case shall a license be issued to any person under the age of 16.
[Amended 7-18-2005 by Ord. No. 05-17]
Any person seeking a license shall submit an application therefor containing the following information for each applicant:
Full name of applicant.
Specific address for the last three years.
Age, date of birth and physical description.
Social security number; home telephone number.
Driver's license number; marital status.
Employer's name, address and telephone number.
Product, merchandise or services to be sold or the purpose for which the application is made.
Vehicle or vehicles to be used: make, model, registration number and owner's name, address and telephone number; name, address and policy number of insurance company.
The date of issuance and expiration date of the license.
Signature of the Township Clerk as issuing officer.
A two-inch by two-inch photograph of the applicant, for use on the license.
A request for a criminal history record information (SB1212) shall be forwarded to the New Jersey State Police, State Bureau of Identification, for each applicant. The applicant shall pay the fee for this search in the amount of the fee charged by the New Jersey State Police by money order.
Any other appropriate information which the Township Council may, by resolution, require.
Any applicant aggrieved by the action of the Township Clerk in the denial of a license, as provided in § 203-4, shall have the right to appeal to the Township Council. Such appeal shall be taken by filing with the Township Council a written statement setting forth fully the grounds for the appeal. Such statement shall be filed within 14 days after the notice of the action complained of has been given to such person by the Township Clerk, in accordance with the provisions of § 203-4. The Township Council shall set a time and place for a hearing on such appeal. The hearing shall be within 30 days of the date of receipt of the applicant's statement, and notice of such hearing shall be given to the applicant in the same manner as provided in § 203-11 for notice of hearing on revocation. The decision of the Council on such appeal shall be final and conclusive.
The Township Clerk shall keep a record of all licenses issued under this chapter. The record shall contain the same information as is required by § 203-5 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 Township Council may, by resolution, require.
The Clerk shall record therein all convictions for violations of this chapter and other pertinent circumstances and incidents reported by the Chief of Police, other Township officials or other persons.
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 licenses 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 Township Council by resolution.
Annual licenses shall expire at 12:00 midnight on December 31 in the year when issued. Where another date has been expressly provided, the license shall expire at 12:00 midnight on the date specified in the license. Applications for the renewal of licenses shall be made not later than December 1 of the year of issue.
Any such license may be renewed, without payment of an additional registration fee, upon submission by the licensee of a new application in conformity with the requirements of § 203-2 or, in lieu thereof, a sworn written statement setting forth any changes in the information contained in the application for the expired license which are necessary to bring the application completely up to date or setting forth that there are no such changes. Any new application, or statement in lieu thereof, shall be subject to the provisions and standards set forth in this chapter.
Causes. Any license or permit issued by the Township may be revoked by the Township Council after notice and a hearing for any of the following causes:
Fraud or misrepresentation in any application for a permit or license.
Fraud, misrepresentation or other material misrepresentation made in the conduct of the licensed activity.
A violation of any provision of this chapter.
Conviction of the licensee for any felony or high misdemeanor or misdemeanor or disorderly person's offense involving moral turpitude.
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.
In the event the Chief of Police shall determine that there has been a violation, in accordance with the provisions of this section, he/she shall then immediately notify the Township Council of the violation and shall order the licensee to suspend further operation until there is a hearing in accordance with the provisions of this section.
Whenever a license has been issued immediately upon application, pending the results of the investigation provided for by this chapter, such license may be summarily revoked if the result of the investigation is such as would have resulted in denial of the application.
Notice of hearing. Notice of hearing for the revocation of a license or permit shall be given, in writing, by the Township Clerk. The notice shall specifically set forth the grounds upon which the proposed revocation is based and the time and place of the hearing, which shall be within 30 days of the notice. It shall be served by delivering it personally to the licensee or 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.
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 on 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 Township 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.
Reinstatement of revoked license. The Township 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:
All circulars, samples or other matter shall be handed to an occupant of the property and not left on or about the premises.
No person, subject to the terms of this chapter, shall enter or attempt to enter the house of any resident in the Township without an express invitation from the occupant of the house.
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 stationery 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 applicant, if he/she is the owner thereof, must pay any delinquent property taxes or assessments on the property wherein the business or activity for which the license or permit is sought or wherein the business or activity is to be conducted prior to the issuance or renewal of any license or permit issued by, or requiring the approval of, the Township of Clark.
A license or permit shall be revoked when any licensee who is an owner of the property upon which the licensed business or activity is conducted has failed to pay the taxes due on the property for at least three consecutive quarters. Upon payment of all the delinquent taxes or assessments, the license or permit shall be restored.
Any alcoholic beverage license or permit issued pursuant to the Alcoholic Beverage Control Act (N.J.S.A. 33:1-1 et seq.) is exempted from the provisions of this section.
The Chief of Police, any other police officer or the appropriate Township official shall enforce the provisions of this chapter.