[HISTORY: Adopted by the Township Committee
of the Township of Freehold as indicated in article histories. Amendments
noted where applicable.]
[Adopted by Ord. No. 15 (§ 7-1
of the Revised General Ordinances), as amended through Ord. No. O-98-20]
The purpose of this article 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, dog and taxicab licenses, and except as may be provided
elsewhere in the Code of the Township of Freehold.
All applications for licenses shall be accompanied
by the required fee and shall be made to or through the Township Clerk
upon forms provided by him. Applications shall contain the information
specified by resolution of the Township Committee and may include
the following along with any other information deemed necessary or
specifically called for by ordinance:
A.
Name and permanent and local address of the applicant.
If the applicant is a corporation, the name and address of its registered
agent.
B.
If the licensed activity is to be carried on at a
fixed location, the address and description of the premises.
C.
If a vehicle is to be used, its description including
the license number.
D.
If the applicant is employed by another, the name
and address of the employer, together with credentials establishing
the exact relationship.
E.
The days of the week and the hours of the day during
which the licensed activity will be conducted.
F.
A description of the nature of the business and the
goods, property or services to be sold or supplied.
G.
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.
H.
Appropriate evidence as to the good character and
business responsibility of the applicant so that an investigator may
properly evaluate his character and responsibility.
I.
Applications by partnerships shall be signed by all
partners with the information required by this subsection supplied
in detail as to each partner, and applications of corporations shall
have attached individual statements containing all of the information
required by this subsection relating to each employee or agent who
shall engage in the licensed activity, and shall be signed by each
employee or agent.
[Amended 7-10-2007 by Ord. No. O-07-20]
A.
Each applicant for a license shall secure through
a private agency a criminal history background check, conducted not
more than 14 days prior to the filing of the application. Such criminal
history background check must be submitted (as part of the application)
directly from the private agency to the Chief of Police. The criminal
history background check shall be in sufficient detail and scope to
reveal any criminal history recorded with the State Bureau of Identification
or with the Federal Bureau of Investigation and to allow the Chief
of Police to reach an informed decision as required below.
B.
Each application shall be referred to the Chief of
Police, who shall immediately institute whatever investigation of
the applicant’s business responsibility, moral character and
ability to properly conduct the licensed activity he considers necessary
for the protection of the public. He shall communicate his findings
to the Township 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 activity are not free from fraud, he shall
disapprove the application, and the Clerk shall refuse to issue the
license and shall so notify the applicant. Otherwise, the Township
Clerk shall issue the license immediately, provided the required license
fees have been paid, except in cases where approval of the Township
Committee is required. In the event of the refusal of the issuance
of a license, the applicant may appeal to the Township Committee for
hearing. The appeal must be filed, in writing, with the Township Clerk
within 14 days after notification of the refusal. The Township Committee
shall hold its hearing within a reasonable time but not later than
30 days thereafter, and its decision shall be final.
[Amended 11-20-2012 by Ord. No. O-12-21]
Licenses shall be in a form which the Township
Committee 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 Township
Committee may require by resolution.
The Township Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Township Committee and shall contain the same information as is required by § 195-4 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 Township Committee may 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 the license in his possession at all times and
shall display it upon the request of any Township official, police
officer or any person with whom he is doing business.
Licenses shall apply only to the person to whom
issued and only to the premises and location stated in the application.
A separate license must be obtained for each employee and each separate
place of business. License may be transferred only by special permission
of the Township.
Except where expressly provided otherwise, all
licenses shall expire on December 31, of the year of issue at 12:00
midnight. Applications for the renewal of licenses shall be made not
later than December 1 of the year of previous issue.
A.
Any license or permit issued by the Township may be
revoked by the Township Committee 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 dishonesty in the
conduct of the licensed activity.
(3)
A violation of any provision of the Code of the Township
of Freehold.
(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.
B.
Whenever a license has been issued immediately upon
an 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 a 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.
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.
If a record is made and a copy is requested by the licensee, the licensee
shall provide a copy to the Township without charge. The Township
Committee 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 Township Committee may issue another license
to a person whose license has been revoked or denied as provided in
this article 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 Township Committee may by resolution make
rules and regulations which interpret or amplify any provision of
this chapter or for the purpose of administering the provisions of
this chapter or making them more effective. No regulation shall be
inconsistent with or 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.
[Amended 1-29-2013 by Ord. No. O-13-3; 5-31-2016 by Ord. No. O-16-5]
Whenever application is made for issuance, renewal or approval
of any license or permit, whether under this chapter or any other
provision of the Code of the Township of Freehold, which license or
permit relates to any real property within the Township, the license
or permit shall issue or be approved only upon condition that any
and all delinquent property taxes or assessments on the property where
the business or activity is to be conducted are paid in full, unless
otherwise approved by the Township Committee. In the event that subsequent
to the issuance or approval of any such license or permit the property
taxes or assessments shall fall delinquent for three or more consecutive
quarters, such license or permit shall be suspended. Upon payment
of the delinquent taxes or assessments and a restoration fee equal
to 50% of the application fee, the license or permit shall be restored.
This provision shall not apply to an alcoholic beverage control license,
a food handler's license or to a building permit or certificate
of occupancy.
[Adopted by Ord. No. O-98-28 (§ 7-15
of the Revised General Ordinances)]
[Amended 11-20-2012 by Ord. No. O-12-21]
The purpose of this article is to ensure the safety of the Township citizens by requiring background checks, pursuant to N.J.A.C. 13:59-1.1 et seq., of all persons who seek a license to work or act as a solicitor, pursuant to Chapter 288, or taxicab driver within the Township, or who provide limousine services within the Township. It is further the purpose of this article to establish the Township as an "authorized requester" pursuant to N.J.A.C. 13:59-1-1 et seq.
[Amended 11-20-2012 by Ord. No. O-12-21]
The requirements of this article are applicable to any person who seeks a license, or renewal of a license as a solicitor, pursuant to Chapter 288, or as a taxicab driver, pursuant to Chapter 315, or who makes application for a limousine certification, or renewal of such certification, pursuant to Chapter 199.
[Amended 11-20-2012 by Ord. No. O-12-21]
A.
If the applicant for a solicitor's license, pursuant to Chapter 288, has been the subject of a Criminal History Record Information (CHRI) request processed by the New Jersey State Bureau of Identification (SBI) in the Township or another jurisdiction within the last 12 months, he or she may have the results thereof submitted directly to the Township Chief of Police to be processed in accordance with § 195-20. Under such circumstances, no further CHRI request need be processed.
B.
If the applicant for a taxicab license pursuant to Chapter 315 or for a limousine certificate pursuant to Chapter 199 has been the subject of a Criminal History Record Information (CHRI) request processed by the New Jersey State Bureau of Identification (SBI) in the Township or another jurisdiction within the last 24 months, he or she may have the results thereof submitted directly to the Township Chief of Police to be processed in accordance with § 195-20. Under such circumstances, no further CHRI request need be processed.
[Amended 11-20-2012 by Ord. No. O-12-21]
In addition to other requirements for grant of license or certification provided in these revised general ordinances, no person shall be granted a license as a solicitor, pursuant to Chapter 288 or for taxicab drivers, pursuant to Chapter 315, or granted a limousine certification, pursuant to Chapter 199, unless such applicant for license or certification, and all those who will be going door to door in connection therewith (hereafter referred to as "applicant"), shall first authorize a CHRI request to be processed by the SBI, in accordance with N.J.A.C. 13:59-1.1 et seq. This CHRI request shall include both a name search and fingerprint search of the applicant for license or certification.
A.
Fingerprint
identification search. Each applicant shall complete and return to
the Township Clerk an applicant fingerprint card, provided by the
Township Clerk or Township Police Department, pursuant to N.J.A.C.
13:59-1.4(c). Such fingerprinting may be completed by any police enforcement
agency within the State of New Jersey. The applicant fingerprint card
shall be accompanied by a request for criminal history record information
form, which must be completed in its entirety. A check or money order
for the appropriate fee shall be stapled to the lower left corner
of the applicant fingerprint card
B.
Name identification
search. Each applicant to this article shall complete a request for
criminal history record information form provided by the Township
Clerk, pursuant to N.J.A.C. 13:59-1.4(d). This form must be completed
in its entirety and shall contain all the information required to
complete the CHRI check, including:
(1)
Name
of the applicant;
(2)
Date
of birth of the applicant; and
(3)
Social
security number of the applicant. Pursuant to the provisions of the
Privacy Act of 1974 (P.L. 93-579), the furnishing of social security
information is voluntary. However, failure of the applicant to provide
this information on the CHRI will result in the denial of the application
for license or certification. Social security information provided
by the applicant shall be used only for the purposes of processing
the request for the CHRI and the application for license or certification.
(4)
Authorization
for the Township to request the CHRI. Each applicant shall authorize
the Township to request the CHRI searches, by signing the bottom of
the request for criminal record information form, pursuant to N.J.A.C.
13:59-1.2(b). Failure of the applicant to authorize the Township to
obtain the required CHRI shall result in a denial of the application
for license or certification.
In addition to the required license application
fee, it shall be the responsibility of the applicant to pay all fees
required for the CHRI searches, as specified in N.J.A.C. 13:59-1.3.
A cashier's check or money order for the prescribed fee shall be stapled
to the lower left corner of the applicant fingerprint card. The check
or money order shall be made payable to "Division of State Police — SBI."
The results of the CHRI request shall be forwarded to the Township Chief of Police for review, in accordance with § 195-3, §§ 315-4A(1) and 315-5A(2). The results of the CHRI shall be included in the findings submitted by the Chief of Police to the Township Clerk. No presumption of guilt will be attached to, or assumed for, any pending arrests or charges indicated for which there are no final dispositions indicated on the CHRI report. Upon the recommendation of the Chief of Police, the Township Clerk shall deny the application for license presented by the applicant.
If the application for license or certification
is denied based upon information contained in the CHRI, no license
or certification shall be issued to the applicant, except as provided
hereafter. No license or certification shall issue during the applicant's
period of appeal or challenge, except, in the case of application
for renewal of an existing license or certification, the Township
Committee may issue a temporary license or certification for a period
not to exceed the time permitted for the applicant to appeal the denial
and/or challenge the information contained in the CHRI.
If the application for license or certification
is denied due to any information contained in the CHRI, the applicant
shall be afforded the following rights:
A.
Right of notification. The Township shall notify the
applicant of any information contained in the CHRI report which was
a basis for the denial of the application.
B.
Right of appeal to the Township Committee. Any applicant
denied a license or certification due to information contained in
the CHRI report shall have the right to appeal the denial to the Township
Committee within 30 days of the date of denial. Such right of appeal
may be extended for no more than 30 additional days, upon a showing
of good cause to the Township Committee. Review of the denial by the
Township Committee shall be in accordance with procedures established
by the Township Committee.
C.
Right to challenge and petition for correction any
information alleged to be erroneous. Any applicant for license or
certification who is denied or disqualified for such application due
to information contained in the CHRI report shall have the right to
complete or challenge the accuracy of any information obtained in
the CHRI report. The Township Clerk, or local Police Department, shall
provide the applicant making such challenge with information concerning
the procedures to challenge the information in the CHRI report and
any required forms. The applicant shall be given 30 days in which
to present the challenge or allegation of erroneous information to
the Township Committee. Thereafter, the Township Committee shall make
a determination whether or not to extend the time allowed for the
applicant to complete the application, to a maximum of 60 days. If
the information in the CHRI report is not corrected within the allotted
time, the applicant shall be required to submit a new application
for license or certification, after such information in the CHRI has
been corrected.
D.
Right to have the Township Committee review the corrected
information. If, within the authorized time period, the challenged
information contained in the CHRI is corrected due to the applicant's
petition, the Township Committee shall, at the option of the applicant,
review the application in light of the new information in the CHRI
and determine whether or not to grant the application. The Township
Committee may request an additional review by the Chief of Police.
However, if such additional review is requested, the applicant shall
have an additional 30 days after review by the Chief of Police in
which to bring the application to the Township Committee for approval.
The results of the CHRI shall be maintained
in a confidential manner, and no release or dissemination of the results
of the CHRI shall be granted, except as authorized by N.J.A.C. 13:59-1.1
et seq. The results of the CHRI shall be used solely for the purpose
of determining whether the applicant is fit and qualified for the
license or certification requested. The results of the CHRI shall
be destroyed, in accordance with the requirements and procedures of
N.J.A.C. 13:59-1.1 et seq., after the license applied for has been
granted, or within 30 days after the applicant for license has exhausted
all rights of appeal if the application for license is denied.
The requirements of this article shall be applicable for each new application for any license or certification identified in § 195-16.
This article is intended to make the Township
an "authorized requester," pursuant to N.J.A.C. 13:59-1.1.
