[HISTORY: Adopted by the Town Council of the Town of Newton 6-8-1970 as Sec. 6-1
of the Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 206.
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 Town, except alcoholic beverage licenses, dog licenses,
taxicab licenses and food handlers' permits.
A.
An application for license shall be accompanied by the nonrefundable
application fee provided for each license by this chapter (except
there shall be no fee for charitable solicitation permits) and shall
be made to the Town Clerk upon forms provided by him, and shall contain
the following information:
(1)
Name and permanent local address of the applicant. If the applicant
is a corporation, the name and address of its registered agent.
(2)
If the licensed activity is to be carried on at a fixed location,
the address and description of the premises.
(3)
If a vehicle is to be used, its description, including the license
number.
(4)
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship.
(5)
The days of the week and the hours of the day during which the licensed
activity will be conducted.
(6)
A description of the nature of the business and the goods, property
or services to be sold or supplied.
(7)
A statement as to whether the applicant has been convicted of any
crime or the violation of any municipal 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.
(8)
Appropriate evidence as to the good character and business responsibility
of the applicant so that an investigator may property evaluate his
character and responsibility.
B.
The applicant shall be fingerprinted if necessary for proper identification.
Fingerprint records shall be immediately processed for classification
and identification.
C.
Applications by partnerships shall be signed by all partners with
the information required by this section supplied in detail as to
each partner. 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.
D.
The application shall be accompanied by two photographs not over
one year old and of a minimum size of 1 1/2 inches by 1 1/2
inches, showing the applicant's face, front and profile.
Each application shall be referred to the Chief of Police or
a police officer designated by him, who shall immediately institute
whatever investigation he considers necessary for the protection of
the public concerning the applicant's business responsibility,
moral character and ability to properly conduct the licensed activity.
He shall report his findings in writing to the Clerk within a reasonable
time after the application has been filed. If the investigator decides
that the applicant's character, ability or business responsibility
is unsatisfactory, or the products, services or activities are not
free from fraud, he shall disapprove the application and the Clerk
shall refuse to issue the license and notify the applicant. Otherwise,
the Clerk shall issue the license immediately, provided the required
license fee has been paid and except in cases where approval of the
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 disapproval
of the license, the applicant may appeal to the Council for a hearing. The appeal must
be filed in writing with the Clerk within 14 days after notification
of disapproval. The Council shall hold the hearing within 10 days
thereafter, and its decision shall be final.
The license shall be in a form which the 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 Council may required
by resolution.
The Clerk shall keep a record of each license issued under this
chapter, in such form as the Council shall prescribe by resolution,
and which contains the same information as is contained in the license.
The record shall also indicate the amount and date of payment of the
license fee, the date of issuance, whether it is a new license or
a renewal, and any other information which the Council may require
by resolution.
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 any other case, the licensee shall
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.
A license shall apply only to the person to whom it is issued and shall not be transferable to another person. A license may be transferred from place to place, where the licensed activity is conducted at a fixed location, but only with the approval of the Council by resolution. The fee for the transfer of a license from place to place shall be as set forth in § 100-1.
A.
Except where expressly provided otherwise, all licenses shall expire
on December 31 of the year of issue at 12:00 midnight. Applications
for renewal shall be made not later than December 1 of the year of
issue.
B.
When an application for a license is made during the course of any
calendar year, the fee shall be prorated to the nearest month. Any
period of time greater than 1/2 a month shall be considered a full
month for this purpose.
A.
Any license
or permit issued by the Town may be revoked by the Council after notice
and a hearing for any of the following causes:
(1)
Fraud or misrepresentation in an application for a permit or license.
(2)
Fraud, misrepresentation or other dishonesty in the conduct of the
licensed activity.
(3)
A violation of any provision of this Code.
(4)
Conviction of the licensee for any felony or high misdemeanor or
a misdemeanor or disorderly person offense involving moral turpitude.
(5)
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.
B.
Whenever a license has been issued immediately upon application,
pending the results of the required investigation, such license may
be summarily revoked if the result of the investigation is such as
would have resulted in disapproval of the application.
Notice of hearing for the revocation of a license or permit
shall be given in writing by the 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 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
in his own behalf, to cross-examine opposing witnesses, and to have
a permanent record made of the proceedings at his 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.
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, 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 chapter or for the purpose
of administering or making more effective the provisions of this chapter.
No regulations shall be inconsistent with, alter or amend any provision
of this chapter, 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 chapter.
