[HISTORY: Adopted by the Mayor and Council of the Borough
of Wood-Ridge 12-26-1975 by Ord. No. 700 as § 4-1 of
the 1975 Revised General Ordinances (Ch. 168 of the 1986 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Alarm devices — See Ch. 175.
Amusement devices; billiard and pool rooms — See Ch. 183.
Carnivals, circuses, traveling shows — See Ch. 235.
Fire prevention — See Ch. 283.
Garage sales — See Ch. 299.
Parades — See Ch. 384.
Peddling and soliciting — See Ch. 396.
Rooming houses — See Ch. 423.
Towing — See Ch. 490.
Sales of used vehicles — See Ch. 510.
The purpose of this chapter is to provide a uniform set of procedures
for administrating the issuance, renewal and revocation of all licenses
issued by the Borough, except alcoholic beverage licenses, dog licenses
and taxicab licenses.
A.
All applications for licenses shall be accompanied by the required
fee and, except where otherwise specifically provided, shall be made
to or through the Borough Clerk upon forms provided by him and shall
contain the following information:
(1)
The name, permanent and local address and telephone number of the
applicant. 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 description of the premises.
(3)
If vehicles are to be used, a description of each, including the
license number.
(4)
If the applicant is employed by another, the name, address and telephone
number 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 (other than traffic
offenses) and, if so, the date and place of conviction, the nature
of the offense and the sentence or penalty imposed.
(8)
Appropriate evidence as to the good character and business responsibility
of the applicant.
B.
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.
A.
Each application
shall be referred to the Chief of Police or a police officer designated
by him, 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
in writing to the Borough Clerk within a reasonable time after the
application has been filed. If the investigator shall determine that
the applicant's character, ability or business responsibility
is unsatisfactory, or that the products, services or activity is not
free from fraud, he shall so advise the Clerk, who shall, when he
is the issuing authority, refuse to issue the license and so notify
the applicant. Otherwise, where the Borough Clerk is the issuing authority,
he shall issue the license immediately, provided that the required
license fees have been paid. A solicitor's or canvasser's
license may be issued immediately subject to investigation.[1]
B.
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
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 the delinquent taxes or assessments.[2]
In the event of the refusal of the issuance of a license, the
applicant may appeal to the Council for a hearing. The appeal shall
be filed in writing with the Borough Clerk within 14 days after notification
of the refusal. The Council shall hold the hearing within 10 days
thereafter, and its decision shall be final.
Licenses shall be in a form which the Council 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 Mayor and Council may,
by resolution, require.
The Borough Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Council and shall contain the same information as is required by § 343-5 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 Mayor and Council may require by resolution.
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.
A.
Every license shall apply only to the person to whom it was issued
and shall not be transferable to another person. Unless otherwise
provided, licenses may be transferred from place to place, in cases
where the licensed activity is conducted at a fixed location, but
only with the approval of the Council by resolution.
A.
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 issue.
B.
Except where expressly provided herein or by law, 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 of a month shall be considered as a full month for this purpose.
[Amended 10-20-1986 by Ord. No. 86-16]
A.
Any license or permit issued by the Borough may be revoked by the
Council 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 this Code.
(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 agent 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 welfare.
B.
Whenever a license has been issued immediately upon application,
pending the results of the investigation, the license may be summarily
revoked if the result of the investigation is such as would have resulted
in denial of the license.
Notice of a hearing for the revocation of a license or permit
shall be given in writing by the Borough 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. The
Council 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 Council 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, nor any person acting
for him, directly or indirectly, shall be issued another license to
carry on the same activity.
The 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.
