[HISTORY: Adopted by the Township Council of the Township of Hamilton as Ch. 82 of the 1994 Code of Ordinances. 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 and permits issued by the Township, except alcoholic beverage licenses, dog licenses and taxicab licenses; provided, however, that any provisions established otherwise by a Township ordinance with respect to specific licenses shall control as to applications for, issuance of, renewal and revocation of such licenses.
All applications for licenses shall be made to the Township Clerk upon forms provided by him and shall contain the following information:
The name and permanent and local address of the applicant, or, if the applicant is a corporation, the name and address of its registered agent.
If the licensed activity is to be carried on at a fixed location, the address and a 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.
A statement as to whether the applicant has been convicted of any crime or the violation of any municipal ordinance of any municipality 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 character and responsibility.
The applicant 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.
Two photographs, not over one year old, showing the applicant's face, front and profile, of a minimum size of 1 1/2 by 1 1/2 inches, shall be affixed to the application.
When deemed necessary by the Chief of Police to institute a fingerprint check through the Federal Bureau of Investigation, the applicant for a license shall reimburse the Township for any charge by the Federal Bureau of Investigation.
Where the Municipal Clerk deems it necessary, applications for licenses shall be referred to the Chief of Police or a police officer designated by him, who shall immediately institute such investigation of the applicant's business responsibility, moral character and ability to properly conduct the licensed activity as he considers necessary for the protection of the public. He shall communicate his findings in writing to the Municipal 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 that the products, services or activity are not free from fraud, he shall disapprove the application and the Municipal Clerk shall refuse to issue the license and shall so notify the applicant. Otherwise, the Municipal Clerk shall issue the license immediately, provided the required license fees have been paid, except in cases where approval of the Township Council or Mayor is required. In the case of an application for a peddler's license, the license may be issued immediately, subject to the investigation.
In the event of the denial of a license, the applicant may appeal to the Township Council. The decision of the Township Council shall be final.
Licenses shall be in a form which the Mayor shall prescribe and shall contain the following information:
The name and address of the licensee.
The number and type of the license and the nature of the licensed activity.
The address at which the licensed activity is conducted, if the activity is carried on at a fixed location.
If the licensed activity is conducted from a vehicle, the make, model and license number of the vehicle.
The expiration date of the license.
Any other appropriate information which the Mayor may require.
The Municipal Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by the Mayor and shall contain the same information as is required by § 285-5 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 Mayor 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 police officer or any person with whom he is doing business.
Each license shall apply only to the person to whom it was issued, and no license shall be transferable to another person.
Except where expressly provided otherwise, all licenses shall expire on December 31 of the year of issue at 12:00 midnight, local time. Applications for the renewal of licenses shall be made not later than December 1 of the year of issue.
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 month shall be considered as a full month for this purpose.
Any license or permit issued by the Township may be revoked by the Mayor, 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 dishonesty in the conduct of the licensed activity.
Failure to maintain the building, structure or premises in such condition as complies with any Township ordinance or regulation, or any other violation of any Township ordinance or regulation.
Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude.
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.
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 Municipal 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.
[Amended 11-2-1994 by Ord. No. 94-050]
Hearings for the revocation of a license or permit shall be conducted before the Mayor or a designee thereof. 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 Mayor or designee thereof shall revoke or suspend the license if he is satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged. If the license is suspended or revoked, the licensee may appeal to Township Council.
The Township may issue another license to a person whose license has been revoked or denied as provided in this chapter 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, or any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity.
The Township Council 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.
For the purpose of making inspections and enforcing the provisions of this chapter and any other ordinance or regulation pertaining to a licensed business or activity, the Director of Community Planning and Compliance or the director of the department having jurisdiction over such licensed business or activity, or their designee, shall have the right of entry to any premises during reasonable hours.
Pursuant to N.J.S.A. 40:52-1.2, as a condition of issuance or renewal of a license, all 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 must be paid. The license shall be revoked or suspended if property taxes are not paid for three consecutive quarters or more. The license shall be restored upon payment of taxes. The provisions of this section shall not apply to or include any alcoholic beverage license or permit issued pursuant to the New Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq.