[HISTORY: Adopted by the Board of Commissioners of the Borough
of Mount Ephraim as follows: § 241-1 adopted 2-15-1977 by Ord. No. 371 (Ch.
64A, Art. I, of the 1973 Borough Code); §§ 241-2 through
241-21 adopted 10-18-1977 by Ord.
No. 380 (Ch. 68 of the 1973 Borough Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch.
85.
Bingo and raffles — See Ch.
104.
Uniform construction codes — See Ch.
127.
Fees — See Ch.
165, Art.
II.
Fire prevention — See Ch.
183.
Hotels and motels — See Ch.
218.
Licensed occupations — See Ch.
237.
Peddling and soliciting — See Ch.
299.
[Amended 9-3-2009 by Ord.
No. 17-09]
Whenever any ordinance of the Borough of Mount Ephraim requires
the obtaining of a permit or license for the privilege of doing business
or engaging in any business activity or for any other reason whatsoever,
and such permit or license is a prerequisite to doing or engaging
in such activity, the permit or license shall not be issued unless
no taxes or assessments for local improvements are due or delinquent
on the real property which houses the subject matter or activity for
which the license or permit must be obtained. However, this section
shall only apply to an applicant for permits or licenses who is also
the owner of the tax-delinquent real property which houses the subject
matter or activity pertinent to such licenses and permits.
It shall be unlawful for any person, firm or corporation to
conduct, engage in or carry on any business, trade, occupation or
activity, within the Borough of Mount Ephraim, New Jersey, without
having first complied with the provisions of this chapter and obtained
a license therefor as is herein provided.
A. Applications for all licenses and permits required by this chapter
shall be made in writing to the Borough Clerk. Each application shall
contain the following information, in the suggested format:
(1) Name under which business is to be conducted.
(2) Name of applicant. If a corporation, give names and addresses of
president and secretary; if a partnership, give names and addresses
of all partners.
(4) Address of business to be conducted.
(6) Residence of applicant during past five years, if individual.
(7) The applicant has never had a license to conduct the business herein
described denied or revoked, except as noted.
(8) Details of any arrests or convictions for misdemeanors and crimes,
including the nature of the offense for which arrested or convicted,
the date of conviction and the place where said conviction was obtained.
(9) The business telephone number of applicant.
(10)
Name and address of attorney, if applicable.
(11)
Name and address of registered agent, if applicant is a corporation.
(12)
The length of time in which the applicant has conducted himself
in the nature of the business for which he is applying for a mercantile
license, either as a sole proprietor, partner or shareholder in the
corporation.
[Added 6-5-1980 by Ord.
No. 426]
(13)
The business address of the applicant during the past five years;
if the applicant is a partnership or corporation, listing business
addresses of all officers, directors and shareholders for the past
five years.
[Added 6-5-1980 by Ord.
No. 426]
(14)
Details of whether or not the applicant, either as an individual,
partner or shareholder of a corporation, has been denied a mercantile
license in any other municipality of the State of New Jersey or any
other state.
[Added 6-5-1980 by Ord.
No. 426]
(15)
The personal residence of any and all partners if a partnership
and the names and addresses of any and all shareholders of the applicant
if a corporation.
[Added 6-5-1980 by Ord.
No. 426]
(16)
The social security number of the applicant if the applicant
is a sole proprietor; the social security number of any and all partners,
including a limited partnership, if the applicant is a partnership;
and, if the applicant is a corporation, the social security numbers
of all shareholders, stockholders, officers and directors.
[Added 6-5-1980 by Ord.
No. 426]
B. The undersigned makes these statements above to induce the Borough
of Mount Ephraim to issue the license herein applied for and agrees
to comply with all laws and ordinances of the Borough applicable to
the subject matter thereof.
Whenever in this Code a license is required for the maintenance,
operation or conduct of any business or establishment or for doing
business or engaging in any activity or occupation, any person or
corporation shall be subject to the requirement if, by himself or
through an agent, employee or partner, he holds himself forth as being
engaged in the business or occupation or solicits patronage therefor,
actively or passively, or performs or attempts to perform any part
of such business or occupation in the Borough of Mount Ephraim, New
Jersey.
[Added 11-7-2019 by Ord.
No. 2019-10]
When any change of commercial use, occupancy or ownership occurs,
the owner(s) of the building or property or their agent(s), with written
approval from the owner(s), shall request from the Construction Code
Official a continued certificate of occupancy as outlined in N.J.A.C.
5:23-2.23(c). If there is no change of use and only a change of occupancy
or ownership has occurred, a continued certificate of occupancy that
was issued in the past 60 days will be considered a valid certificate
of occupancy. The applicant shall provide the Construction Code Official
with copies of all Planning Board and Zoning Board approvals. The
applicant shall provide the Construction Code Official with a list
of any materials that will be stored, processed, manufactured or handled
in conjunction with the business, and copies of the Material Hazard
Data Sheets shall be provided.
Forms for all licenses and permits, and applications therefor,
shall be prepared and kept on file by the Borough Clerk.
Each license or permit issued shall bear the signature of the
Borough Clerk in the absence of any provision to the contrary.
Upon receipt of an application for a license or permit, the
Borough Clerk shall refer such application to the proper officers
for making the investigation or inspection. The officers charged with
the duty of making the investigation or inspection shall make a report
thereon, favorable or otherwise, within 15 days after receiving the
application or a copy thereof. The Health Officer shall make or cause
to be made an inspection in regard to such licenses in connection
with the care and handling of food and the preventing of nuisances
and the spread of disease for the protection of health; the Building
Inspector shall make or cause to be made any such inspections relative
to the construction of buildings or other structures; and the Fire
Marshal shall make inspections relative to fire safety. The Zoning
Officer shall make the appropriate zoning inspection. All other investigations,
except where otherwise provided, shall be made by the Chief of Police
or his designee.
[Amended 2-3-2011 by Ord.
No. 02-11]
All licenses shall be approved by resolution of the Mount Ephraim
Board of Commissioners. The Commissioners shall examine the qualifications
of any applicant for a license or renewal thereof to determine whether
said applicant or licensee has complied with the general laws and
statutes of the state and the ordinances of the Borough of Mount Ephraim
and said Borough Commissioners shall be guided in making its determination
by the following standards:
A. The ordinances of the Borough of Mount Ephraim.
D. The Fire Prevention Code.
E. The reports of all municipal officers required under this chapter.
F. Other general laws and public health statutes and codes of the State
of New Jersey applicable to this municipality.
G. The license history of the applicant regarding past violations, rejections
or suspensions and the timeliness of past applications for licenses
and the applicant's continued compliance with license requirements.
H. The Uniform Construction Code and all of its subcodes.
In the absence of provision to the contrary, all fees and charges
for licenses or permits shall be paid in advance at the time application
therefor is made to the Borough Clerk. When an applicant has not engaged
in the business until after the expiration of part of the current
license year, the license fee shall be prorated by quarters and the
fee paid for each quarter or fraction thereof during which the business
has been or will be conducted. Except as otherwise provided, all license
fees shall become a part of the general Borough treasury.
All annual licenses shall terminate on the 31st day of December
each year.
No license shall be issued for the conduct of any business,
and no permit shall be issued for any thing or act, if the premises
and building to be used for the purpose do not fully comply with the
requirements of the Borough.
The location of any licensed business or occupation or of any
permitted act may be changed, provided that 10 days' notice thereof
is given to the Borough Clerk and approval is granted by the governing
body, provided that the requirements of the ordinances are complied
with.
No business, licensed or not, shall be so conducted or operated
as to amount to a nuisance in fact.
Whenever inspections of the premises used for or in connection
with the operation of a licensed business or occupation are provided
for or required by ordinance, or are reasonably necessary to secure
compliance with any ordinance provision or to detect violations thereof,
it shall be the duty of the licensee or the person in charge of the
premises to be inspected, to admit thereto for the purpose of making
the inspection any officer or employee of the Borough who is authorized
or directed to make such inspection, at any reasonable time that admission
is requested.
[Amended 2-3-2011 by Ord.
No. 02-11]
The governing body of the Borough shall have the right to revoke
any license whenever the holder thereof or any of the licensee's agents
or servants violate any ordinance of the Borough of Mount Ephraim
or law of the State of New Jersey. Prior to the revocation of a license,
a notice of the contemplated action of the governing body of the Borough
shall be served upon said licensee, setting forth such charges as
may be the reason for said proposed revocation and the place, date
and hour when the governing body of the Borough will hear the matter.
The licensee may be represented by counsel at such hearing.
Licenses issued under this chapter shall be posted at the place
of business shown on said license in a conspicuous place. Said license
shall remain posted for the duration of the licensing year when issued
and so long as the licensed business is in operation.
[Amended 12-6-1984 by Ord. No. 479; 1-8-2004 by Ord. No. 719; 5-3-2007 by Ord. No. 04-07]
The license fee to be paid for conducting or engaging in the businesses, trades or activities set forth in §
241-2, at the place designated in the license certificate, shall be set forth in Chapter
165, Article
II, Fee Schedule, the name used being a designation of such business, trade or activity required to be licensed. A late fee as set forth in Chapter
165, Article
II, will be assessed if the license fee is not received on or before February 28 of the subject year. A late fee as set forth in Chapter
165, Article
II, will be assessed if the license fee is not received on or before March 31 of the subject year.
The fees herein imposed for business and mercantile licenses
are revenue-producing in nature, but said fees are used primarily
in an attempt to cover the costs of inspections of such businesses
to ensure compliance with the laws of the state and the ordinances
of this municipality. It is the legislative intent of this chapter
to ensure the fact that all businesses of whatsoever kind and wheresoever
located in this Borough shall be inspected periodically to ensure
compliance with the laws as aforesaid. In certain instances, there
are those businesses which warrant additional police surveillance
and inspection. There are those businesses which attract unusual amounts
of vehicular traffic, necessitating additional regulation and enforcement.
These fees provide a reasonable relationship to the costs of regulation
and administration.
This chapter shall not apply to any business or occupation licensed
under those various laws of this state which prohibit licensing by
municipalities.
The proper enforcement of the provisions of this chapter dealing
with mercantile licenses shall be within the jurisdiction of the Police
Department of this Borough and additionally within the jurisdiction
of those officers charged with providing the necessary inspections
and regulations.
Pursuant to N.J.S.A. 40:49-5, any person, firm, association or corporation violating any section of this chapter shall, upon conviction in the Municipal Court having jurisdiction, be subject to the penalty provisions contained in Chapter
305, Penalties.