Township of Manalapan, NJ Chapter 182 Reward Programs/Payment of Taxes

[HISTORY: Adopted by the Township Committee of the Township of Manalapan 4-9-2014 by Ord. No. 2014-02. Amendments noted where applicable.]

GENERAL REFERENCES

Consumer protection — See Ch. 91.

Licenses and permits — See Ch. 137.

§ 182-1 License required.

It shall be unlawful for any person, firm, corporation or other vendor to offer or operate a reward program which includes the payment of taxes for Manalapan taxpayers who shop at participating Manalapan-based businesses without first obtaining a license therefor in compliance with the provisions of this chapter. Such license shall not be transferable from the person or entity to whom the license is issued.

§ 182-2 Duties of licensee.

Every licensee under this chapter for a reward program, which includes the payment of taxes for Manalapan taxpayers, shall be required to comply with the following:

A. Any such reward program shall be administered solely by the licensee who shall undertake to register interested taxpayers and Manalapan-based businesses.

B. The licensee shall comply with all applicable state statutes and regulations governing the conduct of such reward programs.

C. The licensee shall comply with all reporting requirements established by the Township for any payment of taxes made to the Township by the licensee.

D. The Township shall not be responsible for any impact of reward program participation on mortgage escrow calculations, nor shall the Township be responsible for any changes in property ownership.

E. The licensee shall establish and maintain an FDIC insured dedicated bank account for any Manalapan Township reward program at a bank located in the State of New Jersey. No funds from any other program or purpose shall be commingled with Manalapan Township reward program funds. A copy of the bank statement for such account shall be provided to the Township upon request.

§ 182-3 Application for license.

Every applicant for a license under this chapter shall file with the Township Clerk a sworn application, in duplicate, on a form to be furnished by the Clerk, which shall give the following information:

A. The name and address of the applicant.

B. The permanent home address and full local address of the applicant and, if the applicant is a corporation, of all shareholders with more than 10% interest in the entity.

C. The name and address of the bank in which the required insured dedicated bank account is to be maintained for the reward program covered by the license.

D. A statement as to whether the applicant or any of the shareholders thereof has been convicted of any crime and, if so, the nature of the offense and the punishment or penalty assessed therefor.

E. A statement that the applicant shall indemnify and hold harmless the Township, its officers, agents and employees harmless from any and all claims, actions, liability, damages or costs, including reasonable attorney's fees and other costs of defense arising out of any action brought against the Township pertaining to the reward program operated by the licensee.

§ 182-4 License fee.

The annual fee for a license under this chapter, initial or renewal, shall be $25. The fee shall be paid with the license application and is not refundable.

§ 182-5 Issuance and expiration of licenses.

All licenses provided for in this chapter shall be authorized by the governing body and may be issued after such authorization by the Township Clerk. All licenses granted hereunder shall expire one year from the date of their issuance.

§ 182-6 Revocation of licenses.

A. Licenses issued under the provisions of this chapter may be revoked by the Township Clerk, in writing, for any of the following causes:

(1) Fraud, misrepresentation or false statements contained in the application for license.

(2) Fraud, misrepresentation or false statements by the licensee in the course of conducting the business licensed.

(3) Any violation of this chapter.

(4) Conviction of any crime or offense involving moral turpitude.

(5) Conducting the business licensed in an unlawful manner.

B. Revocation of a license may be appealed to the Township Committee in the same manner as set forth in § 182-7 of this chapter for an appeal of a denial of a license. The licensee may not operate the business or enterprise licensed during the pendency of said appeal.

§ 182-7 Appeals.

A. Any person aggrieved by the action of the Township Clerk in the denial of a license as provided in § 182-6 of this chapter, shall have the right to appeal to the Township Committee. Such appeal shall be taken by filing with the Township Committee, within 10 days after the notice of the action complained of has been mailed to such person's last known address, by certified mail, return receipt requested, a written statement setting forth fully the grounds for the appeal.

B. The Township Committee shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the applicant. The decision of the Township Committee on such appeal shall be final and conclusive.

§ 182-8 Violations and penalties.

Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $1,000 or imprisonment for a term not to exceed 30 days, or both, in the discretion of the court.