[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.
A.
All applications for licenses shall be made to the Township Clerk
upon forms provided by him and shall contain the following information:
(1)
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.
(2)
If the licensed activity is to be carried on at a fixed location,
the address and a 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 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.
(8)
Appropriate evidence as to the good character and business responsibility
of the applicant so that an investigator may properly evaluate his
character and responsibility.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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:
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 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.
A.
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.
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 month shall be considered as a full
month for this purpose.
A.
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:
(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)
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.
(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 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.
[Amended 4-7-2020 by Ord.
No. 20-015]
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 and Economic
Development 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.
