[HISTORY: Adopted by the Mayor and Council of the Borough
of Palmyra 5-20-2013 by Ord. No.
2013-10. Amendments noted where applicable.]
Except as set forth in § 173-12, Exceptions, below, it shall be unlawful for any person to engage in or carry on any business (for profit or not for profit), home business, profession, trade or calling, or to manufacture, sell, vend or otherwise offer for sale, use or consumption by the general public any goods or services, within the Borough of Palmyra when not otherwise required to be licensed by any other ordinance of the Borough of Palmyra, without obtaining from the Borough Clerk a license to do so, to be known as a "mercantile license."
Upon the payment of the appropriate fee and approval of an application
as hereinafter provided, a mercantile license may be issued for a
period of no longer than one year. All license fees shall be due and
payable to the Clerk on or before September 1 of each year, and all
licenses shall expire on August 31 of the year following. For example,
for the year 2013, all license fees shall be due by September 1, 2013,
and shall expire by August 31, 2014. There shall be no proration of
license fees.
The license certificate shall be conspicuously displayed on
the premises where the business is conducted. Licensees having no
fixed location, vehicle or other suitable place to exhibit their licenses
shall retain them in their possession at all times and shall produce
them upon request.
Every license shall specify by name the person, firm, entity,
LLC or corporation to which it is issued and a description of the
business, trade, profession or calling which is to be carried on.
The name to be displayed on the license shall be as follows:
A.
If the business is owned by an individual, partnership, LLC or corporation,
the license shall be secured in the name of that party.
B.
If a business is conducted under a trade name, the license shall
be secured in the name of the owner of the business, with a designation
of the proper trade name. No license shall be granted hereunder until
proof has been furnished to the Clerk that the trade name was registered
in the office of the County Clerk or with the Secretary of State in
the manner prescribed by the laws of the State of New Jersey.
An application for a license hereunder shall be accompanied
by the required fee and shall be made to the Clerk on forms provided
by the Clerk or available online. The application shall contain the
following information:
A.
Name and permanent and local address of the applicant. If the application
is a corporation or LLC, the name and address of its registered agent.
B.
If the licensed activity is to be carried on in a fixed location,
the address and description of the premises and the name and address
of the owner if other than the applicant.
C.
If a vehicle is to be used, its description, including the license
number.
D.
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship.
E.
The days of the week and the hours of the day during which the licensed
activity is anticipated to be conducted.
F.
A description of the nature of the business and the goods, property
or services to be sold or supplied.
G.
Property owner and address if different from applicant.
H.
The number of employees assigned to the business location.
I.
Emergency contact information for the property and business.
J.
Types and number of alarms.
K.
Proof that all real estate taxes have been paid for the premises
upon which the business operates.
A.
The license fee to be paid annually hereunder for the operation of
a business, trade, profession or occupation herein named at the places
designated in the license certificate issued therefor shall be the
sum of $20.
B.
No fee shall be charged when the entire proceeds of the business
are for religious or charitable purposes.
C.
No fee shall be charged for nonprofit corporations. Proof of nonprofit
status is required.
D.
No church, temple, mosque or house of religious worship need register
or pay any fee under this chapter.
No person shall be allowed to transact any business under any
license granted under this chapter except the business for which the
license was specifically granted.
No license shall be issued to any person who has not complied
with the laws of the State of New Jersey or the ordinances of the
Borough of Palmyra which provide regulations respecting zoning[1] and the safety of the persons who may have occasion to
use the premises, services or activity licensed, and in case any person
licensed fails to comply with these laws and ordinances after due
notice and opportunity to be heard, the Borough of Palmyra governing
body may revoke the license.
No license provided for by this chapter shall be transferred
from one person to another person, and no license shall cover any
other place of business than that for which it was issued. In the
event that any of the information contained on a license application
changes during the term of the license, an amended application shall
be filed with the Clerk setting forth the changed information within
30 days from the date of the change. The amended application shall
be accepted without fee for the balance of the term.
Any license issued by the Borough of Palmyra hereunder may be
revoked by the governing body, after notice and a hearing, for any
of the following causes:
A.
Fraud or misrepresentation in an application for a license.
B.
Fraud, misrepresentation or dishonesty in the conduct of the licensed
activity.
C.
A violation of any provision of this chapter.
D.
Conduct of the licensed activity, whether by the licensee himself
or its agents or employees, in an unlawful manner or in a manner which
constitutes a breach of the peace or menace to the public health,
safety or general welfare.
Upon receipt by the Clerk of a completed application for a license,
together with the payment of the appropriate fee, a license may be
issued to the applicant upon investigation and inspection. No annual
license may be issued without receipt from the Zoning Officer of a
report and certification that the activity proposed to be licensed
and the premises upon which same is to be conducted comply with all
local, county and state zoning regulations. A copy of all license
applications shall be presented to the Chief of Police and no license
shall be issued unless approved by the Chief of Police. The Clerk,
after consultation with and approval by the Construction Official,
shall otherwise be satisfied that the premises upon which the proposed
activity is to be conducted meets all applicable building, plumbing,
electrical and fire code standards.
This chapter shall not apply to:
A.
Businesses located outside the Borough of Palmyra.
B.
Soliciting of orders by outside wholesale dealers from local retail
dealers, or deliveries by outside wholesale dealers to local retail
dealers.
C.
Sale or delivery of newspapers, magazines or other similar periodicals.
D.
Any corporation authorized to transact business by the Department
of Banking and Insurance of the State of New Jersey.
E.
Any vendor(s) selling goods to the public at any flea market or similar
operation within the Borough of Palmyra.
A.
No business, profession, trade or calling shall be conducted within
the Borough of Palmyra except in conformance with the provisions of
this chapter.
B.
Any person, association or corporation conducting any such activity
without being properly licensed therefor or who shall violate any
of the other terms and regulations of this chapter shall, upon conviction,
be punishable with a fine up to $1,000 and incarceration up to 90
days for each offense. Each day that such activity shall continue
without being duly licensed shall be considered a separate violation.
