[Adopted by Ord. No. 478 (§ 4-1 of the 1987 Code)]
This article shall be known and may be cited as the "General Licensing Ordinance of the Borough of Highland Park."
[Amended 2-7-1989 by Ord. No. 1178]
As used in this article, the following terms shall have the meaning indicated:
- To include all kinds of vocations, occupations and professions, enterprises, establishments and all other kinds of activities and matters, together with all devices, machines, vehicles, materials and appurtenances used therein any of which are conducted for private profit or benefit either directly or indirectly on any premises of this Borough or anywhere else within its jurisdiction.
- Any tag, plate, badge, emblem, sticker or any other kind of device which may be required for any use in connection with any license fee.
- LICENSE or LICENSEE
- Respectively, the words "permit" or "permittee" or the holder for any use or period of time of any similar privilege wherever relevant to any provision of this article or other ordinance.
- To include all structures, places and also the equipment and appurtenances connected or used therewith in any business and also any personal property which is either affixed to, or is otherwise used in connection with any such business conducted on such premises.
- WAGE THEFT
- Having been found guilty, liable or responsible in any judicial
or administrative proceeding of committing a violation of the New
Jersey State Wage and Hour Law (N.J.S.A. 34:11-56a et. seq.), the
New Jersey State Wage Payment Law (N.J.S.A. 34:11-4.1 et. seq.), N.J.S.A.
2C:40A-2, the United States Fair Labor Standards Act, or any other
federal or state law related to the payment of wages or the collection
of debt owed due to unpaid wages. It shall be understood as to have
a negative affect on public morals and welfare.[Added 6-9-2015 by Ord. No. 15-1889]
It shall be unlawful for any person either directly or indirectly to conduct or carry on a business or to use in connection therewith any vehicle, premises, materials, machine or device in whole or in part for which a license is required by any ordinance of the Borough without a license having first been procured therefor and kept in effect at all such times as required by this article or other ordinance of the Borough, heretofore or hereafter adopted.
[Amended by Ord. No. 604; Ord. No. 1111; 6-9-2015 by Ord. No. 15-1889]
Application for license hereunder, both new and renewal, shall be made to the Borough Clerk and shall contain the following information:
Name and residence of applicant.
Location at which business will be conducted.
Name under which business will be conducted.
Nature of business.
If applicant has been arrested for any crime or disorderly offense, the dates, location and nature of such offenses and ultimate disposition thereof.
If the applicant has been found guilty of or liable for wage theft, the dates, location, and nature of such wage theft and ultimate disposition thereof.
Such additional pertinent information which the Borough Clerk deems appropriate.
No license shall be issued until the approval of the Zoning Officer of the Borough of Highland Park shall have been endorsed thereon.
[Amended 2-18-2020 by Ord. No. 20-1996]
No license shall be issued to an applicant or business entity that has committed a wage theft violation which has not been cured by compliance with the order or decision of the governmental entity determining the same.
[Amended by Ord. No. 931]
License fees become payable to the Borough Clerk at the Borough Hall on March 1 annually. All licenses shall expire on the last day of February annually following payment. All licenses issued between November 1 and the last day in February of the following year, excepting licenses for dances, athletic events and any other event for which an admission is charged shall be issued for 1/2 the following fees. The license fees shall be as follows:
[Amended by Ord. No. 486]
For the purpose of this article any person shall be deemed to be in business and thus subject to the requirements of § 247-3 when he does one act of selling any goods or services in the Borough.
The agents or other representatives of nonresidents who are doing business in this Borough shall be personally responsible for the compliance of principals and of the businesses they represent.
Each license issued hereunder shall state the following:
[Amended 6-9-2015 by Ord. No. 15-1889]
Every license under this article shall:
Permit all reasonable inspections of his business by public authorities so authorized by law.
Ascertain and at all times comply with all laws and regulations applicable to such licensed business.
Avoid all forbidden practices or conditions which do or may affect public health, morals and welfare.
Post and maintain such license upon the licensed premises in a place where it may be seen at all times.
Affix any insignia delivered for use in connection with a licensed motor vehicle on the inside of the windshield of the vehicle or as may be otherwise prescribed by law.
Affix any insignia delivered for use in connection therewith upon the outside of any bagatelle or pinball machine or other business machine or device so that it may been seen at all times.
Not engage in wage theft and fully cure any wage theft violations within 90 days of any order or decision of a governmental body finding the licensee guilty of or liable for wage theft.
[Amended 2-7-1989 by Ord. No. 1178]
The fees herein imposed for such licenses are imposed for administration, regulation and control.
A licensee hereunder shall have the right to transfer his license to another person, provided the transferee shall comply with the provisions of this article.
In the event that a licensee shall lose or destroy a license or the same shall have been lost or destroyed, the licensee upon application to the Borough Clerk shall be issued a duplicate license in accordance with the provisions of this article.
The Borough Clerk shall collect a transfer fee and/or duplicate license fee of $0.50 prior to the issuance of any new license to the transferee or duplicate license to a licensee.
No refund shall be made on any license fee paid on account of a cessation of a business after such license shall have been issued.
[Amended by Ord. No. 604; 2-7-1989 by Ord. No. 1178]
The Borough Administrator is hereby authorized and directed to use such police force of the Borough as is necessary to execute and enforce all necessary and lawful police regulations that may best protect and facilitate the carrying on of the several businesses licensed by this article.
Any licensee who, in conducting the business for which a license shall have been issued, shall violate any statute of the State of New Jersey or ordinance of this Borough or any of the provisions of this article, shall be liable, after hearing, to the suspension or forfeiture of the license issued hereunder after finding of such violation by the Borough Council, in addition to other penalties provided by law. Notice of such hearing shall be served upon the licensee personally, or left at the place designated in the license for conducting the business licensed, at least five days before the date of the hearing, designating the time and place of hearing and specifying the charges made against the licensee hereunder. At such hearing the licensee may appear in person or by counsel, shall have the right to cross examine the witnesses supporting the charges and may introduce evidence in contradiction thereof.