[HISTORY: Adopted by the Township Council of the Township
of Willingboro 12-9-2003 by Ord. No. 2003-7. Amendments noted where
applicable.]
The Township Council of the Township of Willingboro finds that
the increasing number of itinerant businesses which operate within
the Township increases the potential for unsavory and irresponsible
individuals and entities to improperly promote their purported services
and to fraudulently misrepresent themselves and said services, thereby
posing an increasing risk of significant economic loss to the residents
of the Township. The governing body also finds that a procedure should
be established to promote economic growth in the Township, while assuring
that the existing and new businesses, which have or seek to establish
themselves within the Township, are made aware of laws and regulations
of the State of New Jersey, County of Burlington and Township of Willingboro.
The purpose of this chapter is to promote and protect the general
health, safety and welfare of the residents of the Township of Willingboro
and to promote responsible economic growth within the Township of
Willingboro through licensing and regulation of businesses, trades,
occupations, enterprises, or similar activities within the Township.
[Amended 3-5-2013 by Ord. No. 2013-1]
It shall be unlawful for any person to conduct, engage in or
carry on any industry, business, trade, occupation or similar activity
within the Township or use any stand, store or other place or thing
for which a license is required by law without first complying with
the provisions of this chapter and obtaining a license as is herein
provided. However, nothing in this chapter shall be construed to authorize
the Township to require a license or to regulate any person holding
a license or certificate issued by any department, board, commissioner
or other agency of the state where the state statutes specifically
exempt the occupation from municipal business licensing requirements.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes all kinds of vocations, occupations, professions,
enterprises, establishments and all other kinds of activities and
matters, together with all devises, machines, vehicles, and appurtenances
used therein, any of which are conducted for private profit or benefit,
either directly or indirectly, on any premises in the Township, as
set forth in N.J.S.A. 40:52-1 and acts amendatory and supplemental
thereto.
Includes an individual, firm, corporation, or any other organization,
entity or association.
Includes all land, structures, places and also equipment
and appurtenances connected or used therewith in any business and
also any personal property which is either affixed to, or is otherwise
used in connection with, any such business conducted on such premises.
[Amended 3-5-2013 by Ord. No. 2013-1; 3-18-2014 by Ord. No. 2014-5]
Applications for all licenses required by this chapter shall
be made, in writing, to the Inspections Department The applications
to be filed by the applicant shall contain the following information
in the format provided below:
A.
The name under which the industry, business, trade, occupation or
activity is to be conducted.
B.
The name of the applicant. (If a corporation, provide the names and
addresses of the officers, directors and stockholders; if a partnership,
give the names and addresses of all partners.)
C.
The present address of the applicant.
D.
The address to be used by the applicant within the Township where
the business is to be conducted and the addresses of the business
for the past five years.
E.
The nature and type of business.
F.
The residence of the applicant during the past five years, if an
individual.
G.
Whether the applicant has ever had a license to conduct the business
herein described denied or revoked, and if so, the circumstances with
regard to the same.
H.
The business telephone number of the applicant and twenty-four-hour
emergency telephone number at which the applicant or applicant's
representative may be reached in the event of an emergency.
I.
The name and address of the applicant's attorney.
J.
The name and address of the registered agent, if the applicant is
a corporation.
K.
A statement as to whether the use of the property as requested complies with the terms of Chapter 370, Zoning, as to use and all bulk requirements.
L.
Whether items, such as trailers, temporary structures, lighting,
fences, goods for sale or similar items, will be placed on the grounds
of the premises.
M.
A statement that all proposed structures, trailers, fences, lighting,
storage and parking comply with all applicable ordinances of the Township.
N.
A statement that the applicant makes the statements above to induce
the Township to issue the license herein applied for and that the
applicant agrees to comply with all laws and ordinances of the Township
applicable to the subject matter hereof.
Any individual, partnership, association, corporation or other form of business enterprise or entity seeking to establish or engage in any for-profit, economic activity within the Township must first apply for a license pursuant to § 121-2 above. The filing of the application for such license from the Township shall constitute an affirmative representation by the applicant to the Township that the applicant is engaged in the business, occupation, trade, enterprise, or other such for-profit, economic activity for which the application for the license is being submitted. For the purposes of this chapter, an "applicant" shall mean any individual, partnership, corporation or other form of business enterprise which files an application for a license and/or for renewal of a license under this chapter.
[Amended 3-18-2014 by Ord. No. 2014-5]
Application forms for all licensees shall be obtained and kept
on file by the Inspections Department.
[Amended 3-18-2014 by Ord. No. 2014-5]
The application form is to be submitted to the Inspections Department
for processing. The application must be signed by such person, partner,
officer, director, trustee and/or agent as is authorized by the applicant
to bind the applicant to the representations contained therein. Each
license issued by the Township shall bear the signature of the Inspections
Department, or, in the absence of the Clerk, the Clerk's designee,
unless otherwise provided for by this chapter or any amendment thereto.
[Amended 3-18-2014 by Ord. No. 2014-5]
Upon receipt of an application for a license, the Inspections
Department shall refer such application to the proper officers for
making an investigation or inspection, and they shall make a report
within 10 days after receiving the application or a copy of same.
Without limitation to any other officers or investigations that the
application may be referred to, the following officers shall make
the following investigations and reports:
A.
The Fire Official shall make or cause to be made an inspection in
regard to the fire requirements and fire regulations for the health
and safety of the public.
B.
The Zoning Officer shall make all appropriate zoning inspections regarding the use of the property as it applies to Chapter 370, Zoning, of the Code of the Township of Willingboro, site plan and bulk requirements of the property and shall certify as to the following in the report to the Inspections Department:
C.
The Director of Public Safety shall make such investigation as is required under Chapter 214, Licensing, under the general provisions for licensing under this Code.
D.
The Construction Official shall make such investigation and inspection
as may be required under the Code of the Township.
E.
The Board of Health shall make such investigation and inspection
as may be required under the Code of the Township and state law.
F.
The Tax Collector shall make such investigation as a condition for
the issuance or renewal of any license or permit issued to ensure
that the applicant, if he or she is the owner thereof, pay any delinquent
property taxes or assessments on the property that is the subject
of the license or on which a licensed activity or business is or will
be conducted.
[Amended 3-18-2014 by Ord. No. 2014-5]
The Inspections Department shall approve all applications which
have complied with the following standards:
B.
The Building and Fire Prevention Code;
C.
The reports of all municipal officers required under this chapter
and the general laws and public health statutes of the statutes of
the State of New Jersey as applicable to the Township, as well as
all general ordinances of the Township of Willingboro;
D.
The license history of the applicant indicating an absence of violations,
rejections or suspensions and the timeliness of past applications
for licenses and the applicant's continued compliance with licensing
requirements.
[Amended 3-18-2014 by Ord. No. 2014-5]
In the absence of any provisions to the contrary, all fees and charges for licenses, as noted in Chapter 150, Fees, of the Code of the Township of Willingboro, shall be paid in advance at the time the application is made to the Inspections Department. Except as otherwise provided, all license fees shall become a part of the general Township treasury.
All licensing shall terminate when the licensee ceases operating at the premises where the business was located at the time of the application for the license, subject, however, to the provisions of § 121-13 hereinafter set forth.
No license shall be issued for the conduct of any business,
trade, occupation, enterprise or activity, nor shall any other form
of permit be issued for any other thing or act, if the premises and
building to be used for the purpose does not fully comply with the
applicable laws of the Township of Willingboro, County of Burlington,
and the State of New Jersey. No licenses issued in accordance with
this chapter or amendment thereto shall be deemed to be an endorsement
by the Township of the business, trade, occupation, enterprise or
activity for which the license has been issued.
[Amended 3-5-2013 by Ord. No. 2013-1; 3-18-2014 by Ord. No. 2014-5]
The location of any licensed business or occupation or of any other permitted act may be changed upon application to the Inspections Department pursuant to §§ 121-4 and 121-9. The application shall be considered to be a new application for the purpose of complying with the requirements of this chapter.
No business, licensed or not, shall be so conducted or operated
as to amount to a public or private nuisance.
Whenever inspections of the premises used for or in connection
with the operation of a licensed business or occupation are provided
for or required by any ordinance, or are reasonably necessary to secure
compliance with any ordinance provisions or to detect violations thereof,
it shall be the duty of the licensee or the person in charge of the
premises to be inspected to admit thereto, for the purposes of making
the inspection, any officer or employee of the Township who is authorized
or directed to make such inspection, at any reasonable time that admission
is requested.
[Amended 3-5-2013 by Ord. No. 2013-1; 3-18-2014 by Ord. No. 2014-5]
A.
The Inspections Department shall have the right to revoke any license
for any of the following reasons:
(1)
Fraud or misrepresentation in any 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's 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.
(6)
Whenever a license has been issued immediately upon application,
pending the results of the investigation provided for by this chapter,
the license may be summarily revoked if the result of the investigation
would have resulted in denial of the license.
(7)
A license may be revoked or suspended when any licensee, who is an
owner of the property on 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 the delinquent taxes
or assessments, the license or permit shall be restored.
B.
Prior to the revocation of the license, the Director of Public Safety
or his or her designee or the Code Enforcement Officer or his or her
designee, as provided herein, shall serve notice of the proposed revocation
upon the licensee and/or the licensee's registered agent. The
notice shall advise the licensee of the licensee's right to request
a hearing on the matter before the Mayor and Council. The notice shall
advise the licensee that a request for hearing before the Mayor and
Council must be submitted, in writing, to the Inspections Department
within 30 days of the date of receipt of said notice. Failure to request
a hearing within the stated time specified in the notice shall be
deemed to be a waiver of the right to hearing and shall result in
an automatic revocation of the license. If the licensee requests a
hearing, the licensee may be represented by legal counsel; however,
if the licensee is a corporation, the licensee shall be represented
by an attorney at law of the State of New Jersey.
Licenses issued under this chapter shall be posted at the place
of business shown on the license in a conspicuous place. The license
shall remain posted for the duration of the licensing year when issued
and so long as the licensed business is in operation.
The fees herein imposed for businesses and business licenses
are revenue-producing in nature, but the fees are used primarily in
an attempt to cover the cost of inspections, with the exception of
specific inspections required by the laws of the State of New Jersey
and the Township of Willingboro enumerated elsewhere in the Code of
the Township, of such businesses to ensure compliance with the laws
of the state and the ordinances of the Township. It is the legislative
intent of this chapter to ensure that all businesses of whatsoever
kind, and wheresoever located in this Township, shall be inspected
periodically to ensure compliance with the laws as aforesaid. In certain
instances, there are those businesses which warrant additional police
surveillance and inspection, and there are also those businesses which
attract unusual amounts of vehicular traffic, necessitating additional
regulation and enforcement. The fees herein set forth provide a reasonable
relationship to the costs of the regulation of these businesses and
the administration of this chapter.
This chapter shall not apply to any business or occupation licensed
under those various laws of this state which prohibit licensing by
municipalities.
The proper enforcement of the provisions of this chapter dealing
with business licenses shall be within the concurrent jurisdiction
of the Police Department and/or the Code Enforcement Office of this
Township; however, nothing herein shall be deemed to limit the jurisdiction
of any other department or officer charged with the responsibility
of enforcing any other law and/or regulation of the Township of Willingboro,
County of Burlington, State of New Jersey, or United States of America.
Except as otherwise provided herein, the Police Department and/or
Code Enforcement Department may issue violations and recommend penalties
for said violations as provided in the Code of the Township of Willingboro.
All actions for enforcement of alleged violations wherein revocation
of the license is not sought as penalty for the violation shall be
prosecuted before the Municipal Court of the Township of Willingboro.
All actions for enforcement of alleged violations wherein recommended
penalties include both revocation of the license as well as additional
penalties pursuant to the Code of the Township of Willingboro shall
be initially prosecuted before the Municipal Court of the Township
of Willingboro, and, upon conclusion of the Municipal Court matter
and any appeals therefrom, the sole issue of revocation of the license
will be referred to the Mayor and Council. The Mayor and Council may
adopt findings of fact or conclusions of law made by the Municipal
Court and the Appellate Court, if any, without need for further evidentiary
proceedings as to said findings or conclusions.
