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