The City of Camden may refuse to issue a license for any of
the reasons for which a license could be suspended or revoked. The
refusal to issue a license shall not be based on a conviction or violation
occurring more than four years prior to the date of the application
for a license.
[Added 10-8-1987 by Ord. No. MC-2339; amended 9-22-1988 by Ord. No.
MC-2416; 11-12-2013 by Ord. No. MC-4795]
A. No person, taxable association, entity, partnership or corporation
shall be issued or reissued a license or permit under this chapter
by the proper officers of the City of Camden unless a certification
is obtained from the Tax Collector of the City of Camden showing the
applicant or petitioner to be free and clear of any and all monetary
obligations owing to the City of Camden by way of municipal taxes,
fees, water and sewer charges, judgment or any other indebtedness
created by law, or that the applicant has entered into an appropriate
installment agreement with the Tax Collector for the payment of the
aggregate outstanding amount of taxes, assessments, municipal charges,
and other indebtedness owed to the City by installment payments and
that the applicant is in full compliance with the terms of that agreement.
B. Installment payments under an agreement made pursuant to this section
shall be regularly and promptly made to the City. Additionally, all
current municipal taxes, fees, water and sewer charges, judgment or
any other indebtedness owed to the City shall be paid to the City.
Each applicant seeking to enter into an installment agreement with
the City pursuant to this section shall provide the Tax Collector
with such information deemed relevant in determining the applicant
has sufficient income to discharge his/her obligation to make installment
payments. All installment agreements subject to this section shall
provide for a down payment of at least 10% of the aggregate outstanding
amount of taxes, assessments, municipal charges, and other indebtedness
owed to the City and for the full satisfaction of the balance of the
aforesaid aggregate amount in substantially equal monthly installments
over a period not to exceed three years. The down payment required
under this section may be reduced or waived only if the applicant
demonstrates an ability to pay by installment payments but does not
have the necessary down payment.
C. If an installment or current tax, assessment, municipal charge, or
other indebtedness to the City is not paid when due or is not completed
within the time fixed by the installment agreement, or there is any
other default under the installment agreement, the applicant will
have 30 days to make such payment. During the aforesaid thirty-day
cure period, all issued or reissued licenses or permits made pursuant
to this section shall be suspended until such time as the default
shall be cured. If the payment is not made or other default not cured,
the installment agreement shall be cancelled and the municipality
shall be entitled to exercise all of its rights under law with respect
to the outstanding amount of taxes, assessments, municipal charges,
and other indebtedness owed to the City. Additionally, if the installment
agreement is cancelled, all issued or reissued licenses or permits
made pursuant to this section shall be rescinded and revoked and shall
not be reinstated unless the aggregate indebtedness is paid in full.
D. All requirements in this chapter requiring a certification from the
City Tax Collector that all of the applicant's taxes and assessments
be paid to date can be satisfied in the alternative by applicant's
presentation of proof of applicant's entering into an appropriate
installment agreement with the City Tax Collector for the payment
of the aggregate outstanding amount of taxes, assessments, municipal
charges, and other indebtedness owed to the City.
E. The applicant for the issuance or reissuance of a license or permit
within the jurisdiction and purview of this chapter shall execute
an affidavit attesting to the absence of any liability as stated herein
to the City, in a form prescribed by the Office of City Attorney,
or present proof of applicant's entering into an appropriate installment
agreement with the City Tax Collector for the payment of the aggregate
outstanding amount of taxes, assessments, municipal charges, and other
indebtedness owed to the City, prior to final approval of the issuance
or reissuance of a license or permit.
F. A person conducting a business on the premises shall be deemed to
be the owner of the lands and buildings if that person controls, is
controlled by or under the common control of the owner of these lands
and buildings by reason of that person's participation in a corporation,
partnership, another form of business association or trust, or is
related by blood or marriage to the person controlling or controlled
by or under the common control of the owner of the lands and buildings.
Persons deemed to be related for the purposes of this chapter are
grandparents, parents, children, grandchildren, spouses, fathers-
and mothers-in-law, brothers- and sisters-in-law, nieces and nephews.
The ownership of less than 50% interest in a business entity or trust
shall not in and of itself be deemed to be a determination of whether
a person controls a business entity or trust but shall be considered
with any other factors which indicate an affiliation between persons
with an interest in the business.
[Amended 12-8-1983 by Ord. No. MC-1994]
In the event that any written objections are filed by any resident of the City of Camden relative to the subject matter of any license or application therefor, the Chief License Inspector shall schedule a hearing subject to the provisions of §
485-25B.
[Amended 12-8-1983 by Ord. No. MC-1994]
A. If no hearing is requested as provided herein, the notice provided for in §
485-24 shall become an order of the Chief License Inspector upon the expiration of the time to file a notice of hearing.
B. The Chief License Inspector, upon receipt of the request for hearing,
shall set a date no less than five nor more than 30 days from the
date of receipt of the request and shall so notify the licensee or
the licensee's agent and any other parties in interest of the date
of the hearing.
[Amended 12-8-1983 by Ord. No. MC-1994]
The Chief License Inspector may provide the licensee or his
agent with a reasonable time, not to exceed 30 days, except where
major capital improvements on any real property are involved, and
then not to exceed 90 days, to comply with any requirements or conditions
relating to the subject matter of the license and to eliminate any
violations of any existing law or ordinance.
[Amended 12-8-1983 by Ord. No. MC-1994]
Where any violation or condition existing with reference to
the subject matter of the license is of such a nature as to constitute
an immediate threat to the public safety or health, the Chief License
Inspector shall have the power to immediately suspend any license
or the operation of the subject matter of the license, or both, or
suspend the license or operation, or both, on a short notice, dependent
upon the immediacy and urgency of the matters in violation.
[Amended 12-8-1983 by Ord. No. MC-1994]
A. Except where otherwise expressly prohibited by law, any licensee
aggrieved by the final order or decision of the Chief License Inspector
shall have the right, within 10 days after receipt of written notice
of the decision, to appeal such order or decision to the Council of
the City of Camden. The Council of the City of Camden shall thereupon
fix a time and date for hearing and shall afford the licensee an opportunity
to show cause before it, within 30 days from the filing of the appeal,
why the order or decision of the Chief License Inspector should not
be affirmed.
B. The Council of the City of Camden shall provide notice of the date
and time of the hearing to other interested parties as well as the
Chief License Inspector. Within 10 days after the appeal is heard,
the Council shall issue such directive to the Chief License Inspector
based on the matters elicited at the hearing and shall either affirm,
modify or rescind the action taken thereupon by the supervising officer.
The findings and conclusions of the Council shall be served upon the
licensee in the same manner as service of other notices under this
chapter.