Any license or permit issued by the City Clerk may be suspended
by the City Clerk for no more than seven days for the following reasons:
A. Failure to satisfy any notice of violation within five business days
of issuance and remedying the circumstances that served as the basis
for issuance of the notice of violation.
B. Any violation by the business, its agents, assigns, servants employees
or affiliates of the ordinances of the City or laws of the State of
New Jersey in any way related to the use or operation of the premises
or the operation of the business thereon for which such license was
issued.
C. Permitting minors to congregate or remain on the licensed premises or the premises to which the permit pertains in violation of Chapter
58, Curfew. It shall be a sufficient defense to a charge brought under this subsection that the licensee made timely complaint of the apparent violation in question to the Police Department.
Any license or permit issued by the City Clerk may be revoked
by City Council for the violation by the licensee, after notice and
hearing, and for any of the following causes:
A. Fraud, misrepresentation or false statement contained in any application
for permit or license.
B. Fraud, misrepresentation or false statement in the conduct of any
business or activity authorized by such license or permit.
C. Any violation by the business, its agents, assigns, servants, employees
or affiliates of the ordinances of the City or laws of the State of
New Jersey in any way related to the use or operation of the premises
or the operation of the business thereon for which such license was
issued.
D. Any violation of this chapter.
E. Conducting the licensed business, trade, calling, profession or occupation
through the licensee himself/herself or any of his/her agents, assigns,
servants, employees or affiliates in any unlawful, disorderly or improper
manner, or in such a manner as to constitute a breach of the peace
or a menace to the health, safety or general welfare of the public.
F. Violating or abusing the purpose for which a license had been issued
to the detriment of the public; or the use of a license for a purpose
foreign to that for which it was issued.
G. Permitting minors to congregate or remain on the licensed premises or the premises to which the permit pertains in violation of Chapter
58, Curfew. It shall be a sufficient defense to a charge brought under this subsection that the licensee made timely complaint of the apparent violation in question to the Police Department.
A license issued by the City shall not be revoked until a hearing
thereon shall have been held by the City Council. Written notice of
the time and place of the hearing shall be served upon the licensee
at least three days prior to the date set for the hearing. The notice
shall also contain a brief statement of the grounds to be relied upon
for revoking the license.
Notice of hearing as set forth in §
146-29 may be given either by personal delivery upon the business' agent or representative listed on the license or may be deposited in the United States Post Office in a sealed envelope, postage prepaid, addressed to the business to be notified at the address appearing upon the license.
At the hearing before the City Clerk or City Council, the business
aggrieved by the proposed suspension or revocation of any license
issued by the City shall have an opportunity to answer and may thereafter
be heard, and upon due consideration and deliberation by the City
Clerk or City Council, the notice of violation may be dismissed, or
if the City Clerk or City Council concludes that the charges have
been sustained and substantiated, it may suspend or revoke the license
held by the licensee, as applicable.
If any license shall have been revoked, as provided in this
article, neither the holder thereof nor any person acting in his/her
behalf, directly or indirectly, shall be entitled to another license
to carry on the same business within the City unless the application
for such license shall be approved by the City Council.
Any business aggrieved by the denial of any application for permit or license, or the refusal to renew the same, may appeal to the City Council by filing with the City Clerk, within 14 days after the applicant or licensee has been notified of such action, a written statement setting forth the grounds of the appeal. The City Council shall set a time and place for a hearing on the appeal, and notice shall be given to the appellant in the manner provided in §
146-29. The decision and order of the City Council on the appeal shall be final and conclusive.