For the purposes of this chapter, the following
terms, phrases and words shall have the meanings given herein:
All kinds of vocations, occupations, professions, enterprises,
establishments and all other kinds of activities and matters, together
with all devices, machines, vehicles and appurtenances used therein,
any of which are conducted for private profit or benefit, either directly
or indirectly, on any premises in the City.
The Tax Collector or such other person specifically designated
by any provision of this Code or other City ordinance to accept applications,
issue any license or renewals of licenses and collect the fees therefor
from persons applying for the same.
Such terms shall mean the same thing and may be used interchangeably
and shall include the agent of the licensee, applicant or permittee.
[Amended 9-27-1982 by Ord. No. 15-1982; 6-11-1984 by Ord. No. 23-1984]
Any business license or permit issued by the municipality
as authorized by N.J.S.A. 40:52-1.
[Added 4-25-2016 by Ord.
No. 14-2016]
Such terms shall mean the same thing and be used interchangeably.
For purposes of convenience only, the term "license" shall generally
designate official authorization of a continuing business or activity
or a person desiring to conduct the same, and the term "permit" shall
generally designate municipal authorization for an act or activity
that will be completed, thus terminating the operativeness of the
permit.
Any license having for its basic purpose the regulation of
the subject matter of licensing under a supervisory officer, with
a fee set for purposes of defraying the cost of administration, not
for revenue purposes.
Any license which shall have, in addition to any regulatory
functions, provisions for fees in excess of administrative costs and
thereby providing a source of revenue to the City.
Includes individual natural persons, partnerships, joint
ventures, societies, associations, clubs, trustees, trusts or corporations,
or any officers, agent or employees of any kind or personal representatives
thereof in any capacity, acting either individually or with any other
person either under personal appointment or pursuant to law.
All lands, structures and fixtures of any lot, place or parcel
covered by any regulation or ordinance provision.
Any license having for one of its purposes the regulation
of the subject matter of licensing under a supervising officer, whether
or not there be in conjunction therewith a fee set for revenue purposes.
Any City personnel who shall be responsible for any part
of the approval or enforcement procedure under any licensing law or
ordinance and who shall, for the purposes thereof, report to and work
under the supervision of the supervising officer.
Any license which shall be for the exclusive purpose of raising
revenue as distinguished from regulation of the subject matter of
licensing.
Any person, equipment, device, materials, premises, services
or activities which are required by state law, this Code or other
City ordinances to be licensed or are the subject of any provisions
contained in any such law or ordinance.
The person designated by ordinance or, in the absence thereof,
by the Mayor, in writing filed with the City Clerk, to be responsible
for approving any regulatory license or renewal thereof and for enforcing
provisions pertinent thereto.
[Amended 10-14-1968 by Ord. No. 55-1968]
Having been found guilty, liable or responsible in any judicial
or administrative proceeding for unpaid wages in violation of the
New Jersey 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 Fair Labor Standards Act, 29 U.S.C. § 201
et seq., or any other federal or state law related to the payment
of wages or the collection of debt owed due to unpaid wages.
[Added 4-25-2016 by Ord.
No. 14-2016]
A.
This chapter shall govern the issuance of all licenses
by the City, except where otherwise expressly provided by ordinance
or expressly exempted therefrom. It is not intended to repeal, abrogate,
annul or in any way impair or interfere with the existing provisions
of other laws or ordinances, except those specifically repealed by
this chapter. In the event of a conflict between this chapter and
a specific provision of any other provision of this Code or other
City ordinance, the specific provision shall govern, but only to the
extent that such conflict cannot be reconciled.
B.
Except as aforesaid, it is the purpose of this chapter
to establish uniform procedures for licensing in this City to be utilized
in conjunction with substantive regulations set forth in this chapter
and other chapters of this Code.
It shall be unlawful for any person, either
directly or indirectly, without first obtaining a license where required
by this Code or other City ordinance or state law, to perform any
of the following acts:
A.
Sell any goods, facilities or services.
B.
Solicit business or offer goods or services for sale
or hire.
C.
Acquire or use any vehicle or device in the City.
D.
Engage in any activity or perform any act connected
therewith.
E.
Permit any premises owned or under his control or
possession to be used for any activity subject to licensing.
The agent or other representative of any person
engaged in any business, activity or enterprise in the City subject
to any licensing requirement shall be personally responsible for the
compliance of his principals with this chapter and of the business
with the provisions thereof. Prior to the issuance of any license
to a person not residing within the state, the applicant shall appoint
an agent within the state upon whom process may be served and shall
furnish the issuing officer with the agent's name and post office
address within this state. In the event of a change of agent or a
change of address of the agent, the licensee shall forthwith notify
the issuing officer. All such appointments of agents shall be accepted
in writing by the agent. In the event any licensee fails to notify
the issuing officer of a change in agent, or in the event the agent
is terminated during the term of the license, the license shall be
suspended until a new or corrective appointment is made.
Every licensee under this chapter shall:
A.
Permit inspection. Permit inspections of the subject
matter of licensing and examination of his books and records pertaining
thereto.
B.
Comply with governing law. Ascertain and at all times
comply with all applicable laws, ordinances and regulations.
C.
Operate properly. Avoid all forbidden, improper or
unnecessary practices or conditions which do or may affect the public
health, morals or welfare.
D.
Cease business. Refrain from operating the licensed
business on premises after expiration of his license and during the
period his license is revoked or suspended.
[Added 4-25-2016 by Ord.
No. 14-2016]
A.
Grounds for denial of license renewal. Notwithstanding any provision
to the contrary, wage theft is understood to have such an effect on
the public morals and welfare that no license shall be issued or renewed
to an applicant, licensee, or business entity that has been found
liable of a wage theft violation which has not been cured by compliance
with the order or decision of the judicial, governmental, or administrative
entity determining the same, within 90 days of any judgment, inclusive
of any appeal.
B.
Grounds for denial of license transfer. No license shall be transferred
to or from an applicant, licensee, or business entity that has been
found in violation which has not been cured by compliance with the
order or decision of the judicial, governmental, or administrative
entity determining the same.
C.
Application for license and renewal; investigation of applicants
and licenses.
(1)
At the time of its initial application and application for renewal
of its license, each applicant shall certify under penalty of perjury
whether applicant has been found guilty or liable of wage theft during
the prior 24 months; the dates, location, and nature of such wage
theft; efforts by the applicant to cure such wage theft violation;
and the ultimate disposition of any wage theft violations. The City
shall maintain copies of the applications and certifications for the
purpose of complying with this chapter.
(2)
If the City is made aware of adjudications of wage theft against
applicants or existing licensees, whether at the time of an initial
application for a license, an application for renewal of its license,
or after the issuance of the license, the City department or division
responsible for issuing the subject license shall 1) obtain a copy
of any order or decision of the judicial, governmental, or administrative
entity finding that a wage theft violation has occurred; 2) determine
whether 90 days of any final judgment, inclusive of any appeal, have
elapsed; and 3) request that the licensee or applicant provide documentation
of is having cured the wage theft violation or appealed from any final
judgment. If the City department or division determines that the licensee
or applicant has not cured the wage theft violation within 30 days
of the department or division's request for documentation, then
its license shall be suspended or application denied until the licensee
or applicant cures the wage theft violation and provides documentation
of its having cured same.
(3)
Any information or reports of wage theft violations occurring in
the City of East Orange shall be routed by the Office of Constituent
Services to the appropriate City department or division responsible
for issuing the subject license.
D.
False statements. If an applicant makes false statements, fails to report information as required in § 170-4, Subsection C(1), or falsely certifies whether it has been found guilty or liable of wage theft in accordance with Subsection C(1) herein, the City may seek revocation of any previously issued license or deny the application for a license or renewal.
E.
Annual review. Each year as a matter of due diligence, the Office of Constituent Services shall submit and open public records request to the New Jersey Department of Labor and Workforce Development Wage and Hour Division requesting for each licensee a wage claim form filed against the licensee during the prior 24 months, as well as any accompanying case files, judgments or determinations. The Office of Constituent Services shall 1) obtain a copy of any order or decision of the judicial, governmental, or administrative entity finding that a wage theft violation has occurred; and 2) determine whether 90 days of any judgment, inclusive of any appeal, have elapsed. If so, the name of each such licensee shall be forwarded to the appropriate City department or division responsible for issuing its license for disposition in accordance with § 170-4 herein.
[1]
Editor's Note: Former § 170-6, Display of license
and insignia, was repealed 2-23-2015 by Ord. No. 7-2015.
Any general or special license fees required
for any kind of vehicles for the privilege of being operated upon
the public highways by any statute, provision of this Code or other
City ordinance shall not abrogate, limit or affect any further requirements
of this chapter or of other ordinances or laws for additional and
separate licenses, permits and insignia and fees for such vehicles
or other uses for and relating to the privilege of using the same
in the business so licensed.
