A.
Except as otherwise provided in this chapter, no person shall engage
in or carry on any business within the Township of Haddon without
first obtaining a business license from the Township Clerk which shall
be issued by the Township Clerk in accordance with the requirements
of this chapter.
B.
A license issued pursuant to this chapter shall authorize the licensee
to conduct only the business for which the license is issued and shall
authorize such business to be conducted only at, on, within and/or
from the property specified in the license application and identified
in the license.
C.
A license issued pursuant to this chapter shall be prominently displayed
at all times in a conspicuous place on the property where the licensed
business is authorized to be conducted as same is identified on the
face of the license.
D.
It shall be unlawful for any person to post a license on a property
other than the property for which the license was issued. It shall
be unlawful for any person to knowingly deface or destroy a license
issued and posted in accordance with this chapter.
E.
No license issued pursuant to this chapter may be assigned or transferred
in any manner for any reason. A new license shall be required upon
any change in ownership of a licensed business or any change in the
place of business and/or property where a licensed business is conducted.
F.
Any license issued prior to the effective date of the current version
of this chapter shall remain valid until the original date of expiration
thereof. Thereafter, all such licensees shall be required to comply
with the renewal provisions of this chapter.
All persons applying for a license pursuant to this chapter shall complete and submit to the Township Clerk, or his or her designee, a business license application and zoning permit application (pursuant to § 142-68 of this Code) on the required forms, which forms shall be maintained on file with the Township Clerk and the Zoning Office. The business license application shall require the applicant to furnish the following information:
A.
The name and current address, telephone number, cellular telephone
number, email address, website, if any, social security number and
driver's license number of the applicant and/or the person completing
the application on behalf of the applicant, as well as any previous
or alternate business names used by the applicant in the five-year
period preceding the date of the application.
B.
The name and address of all shareholders, members, partners, directors,
officers and registered agent(s) of the applicant. If any such shareholder,
member or partner is itself a business entity of any kind, the applicant
also shall provide the name and address of all shareholders, members,
partners, directors and registered agents of same.
C.
All details pertaining to the nature and extent of the business proposed
to be conducted, including but not limited to the type of business
to be conducted and the anticipated nature of the proposed business
activities, the proposed hours of operation of the business, and identification,
by block, lot and street address, of the specific property upon which
the business is proposed to be conducted.
D.
Proof of authorization to conduct business within the State of New
Jersey as evidenced by a copy of a valid business registration certificate
issued by the Division of Revenue of the State of New Jersey's
Department of Treasury.
E.
A certification from the Haddon Township Tax Collector that all taxes
have been paid and are current for the property from, at or upon which
the proposed business is to be operated and/or conducted.
F.
Such additional information as reasonably may be required by any
employee or personnel of the Township of Haddon who is charged with
reviewing an application for a license pursuant to this chapter in
order to enable him or her to fulfill his or her duties hereunder.
A.
Upon receipt of a business license application and zoning permit application, the Township Clerk, or his or her designee, shall first provide the zoning permit application to the Zoning Officer, who shall review the application pursuant to the standards set forth in Chapter 142 of the Code of the Township of Haddon and shall either:
(2)
Issue a denial of a zoning permit in accordance with the procedures set forth in Article VIII of Chapter 142 and return a copy of same to the Township Clerk, in which event the Township Clerk shall administratively deny the business license application for failure to satisfy the zoning requirements of the Code of the Township of Haddon.
B.
Upon receipt of a zoning permit issued by the Zoning Officer in accordance
with this section, the Township Clerk, or his or her designee, shall
then simultaneously provide copies thereof to the Fire Marshal, Construction
Code Official, Chief of Police and BID Coordinator for further review
and/or investigation in order to determine:
(1)
Compliance with the requirements of the Code of the Township of Haddon
pertaining to the occupancy, construction, maintenance and firesafety
status of the property and/or buildings on, at or from which the proposed
business is to operate;
(2)
The business activities to be conducted thereon;
(3)
The business and moral character and turpitude of the applicant;
and
(4)
If applicable, compliance with the requirements of the BID ordinance,
rules and regulations.
C.
The Fire Marshal, Construction Code Official, Chief of Police and
BID Coordinator each shall respond to such referral within 10 days
of his or her receipt thereof by providing a written recommendation
as follows:
(1)
The Fire Marshal shall conduct an investigation of the property from or upon which the applicant proposes to conduct business in order to determine compliance with all applicable requirements of Chapter 122 of the Code of the Township of Haddon and/or the current version of the Uniform Fire Code then in effect. The Fire Marshal shall mark on the business license application his or her findings and/or recommendations as a result of such investigation.
(2)
The Construction Code Official shall conduct an inspection of the property from or upon which the applicant proposes to conduct business in order to determine compliance with all applicable requirements of Chapter 95 of the Code of the Township of Haddon and/or the current version of the Uniform Construction Code then in effect. The Construction Code Official shall mark on the business license application his or her findings and/or recommendations as a result of such investigation.
(3)
The Chief of Police, or his or her designee, shall conduct an investigation
of the applicant to determine the moral character and turpitude of
same, which investigation may include, without limitation, a criminal
background check and/or fingerprinting of the applicant and/or such
other persons identified in the application as determined necessary
in the discretion of the Chief. By submitting an application for a
business license pursuant to this chapter, all persons identified
thereon agree to be fingerprinted as part of this investigation process.
The Chief of Police shall mark on the business license application
his or her findings and/or recommendations as a result of such investigation.
(4)
The BID Coordinator shall mark on the business license application
whether the proposed business is located within a BID. If the property
is located within a BID, the BID Coordinator shall indicate on the
business license application whether the proposed business complies
with the BID ordinance, rules and regulations. If the business does
not so comply, the BID Coordinator shall provide a detailed description
of the action required by the applicant in order for the business
to comply with same.
D.
The Township Clerk shall maintain an agenda item on the agenda for each meeting of the governing body for the approval or denial of a business license pursuant to this chapter. Upon receipt of all reports required by this section, the Township Clerk shall add the business license application for each such applicant to the agenda for review and consideration by the governing body pursuant to § 154-9 of this chapter.
A.
All business license applications shall be submitted for review and consideration by the governing body pursuant to the requirements of this section. The governing body shall consider the reports filed pursuant to § 154-8C and shall vote to approve or deny each business license application after:
(1)
Considering whether the public safety will be jeopardized by issuance
of the business license; and
(2)
Examining the qualifications of the applicant to determine whether
said applicant is of good moral character and otherwise is not in
violation of any laws of the State of New Jersey or any provision
of the Code of the Township of Haddon.
B.
The governing body shall approve or deny an application for a license
within 60 days of receipt of same by the Township Clerk. In the event
the governing body fails to take action within said period of time,
the business license application shall be deemed administratively
denied, without prejudice to the applicant's right to file a
new application.
[Amended 2-26-2019 by Ord. No.
1393]
C.
Any applicant aggrieved by the action of the governing body hereunder may, within 10 days of the date of the action complained of, request a reconsideration hearing before the governing body. Such hearings shall be conducted in the same manner as a revocation hearing pursuant to Article IV of this chapter, including without limitation the notice provisions thereof.
A.
All licenses issued pursuant to this chapter shall be issued by the
Township Clerk within five days of approval thereof by the governing
body, provided that the applicant shall first pay the fee for issuance
of a license as required herein.
All licenses issued by the Township Clerk in accordance with
this chapter shall include, without limitation, the following information:
A.
The license number assigned to the license by the Township Clerk;
B.
The name of the person or business entity to whom the license was
issued;
C.
The place of business and/or property where the person or business
entity is licensed to conduct business, including the street name,
street number, block and lot thereof;
D.
The expiration date of the license; and
Every license issued in accordance with this chapter shall be
valid from the date of issuance to December 31 of the year in which
it was issued, unless sooner revoked, except that licenses issued
in the month of December shall be valid until December 31 of the following
year. All licenses shall be subject to the renewal provisions of this
article.
A.
Every licensee shall be required to renew the business license on
an annual basis on or before January 1 of each year.
B.
The licensee shall submit a new business license application, and
the required application fee, no later than November 30 of each calendar
year. Said application shall be processed in the same manner as an
initial business license application, except that the Zoning Officer's
review and report shall be limited to a determination of whether the
licensed business has impermissibly expanded the business use and/or
use of the business property beyond that previously approved by the
Zoning Officer and/or in excess of the scope of the zoning permit
previously issued to the licensee.
C.
The governing body shall act on every application for renewal of
a business license in the same manner as an application for an initial
business license as set forth in this article.
A.
Any person who seeks to operate a seasonal business within the Township
shall first apply for and obtain a temporary business license pursuant
to this section.
B.
An applicant for a temporary business license shall submit a business license application and the required fee therefor at least 60 days prior to the date upon which such seasonal business is to commence operations. The application fee shall be as provided in § 111-20 of the Code of the Township of Haddon.
C.
An applicant for a temporary business license shall supply all information required by § 154-7 plus the following additional information:
(1)
Proof of registration with the Division of Taxation of the State
of New Jersey's Department of Treasury, including a copy of a
valid certificate of authority to collect sales tax;
(2)
The period of time the applicant proposes to operate the seasonal
business, including the proposed starting date and ending date, and
the days of the week during which the seasonal business is proposed
to be open;
(3)
The names, addresses, driver's license numbers and current photographs
(not more than 60 days old) of all individuals employed by the applicant
or to be employed by the applicant at the property during the period
of time the seasonal business is to operate within the Township;
(4)
A copy of any previous business license issued by the Township for
the same seasonal vendor, whether or not the nature of any prior seasonal
business operated by said vendor is the same as the seasonal business
operations currently proposed;
(5)
A survey of the property from which the seasonal business is proposed
to operate, prepared by a New Jersey licensed professional surveyor
or engineer, which includes: (i) a depiction of the location of merchandise
to be sold, (ii) the location of temporary signs to be used in conjunction
with the seasonal business, (iii) the location of on-site parking
and any off-site parking associated with the property sufficient to
enable evaluation of potential traffic hazards, congestion or the
potential for excessive interference with normal traffic movements
on adjacent public streets, and (iv) the location of curb access to
demonstrate proper ingress to and egress from the site. A hand-drawn
sketch or similar rendering may be substituted for a survey as long
as the reviewing Township personnel determine such sketch or rendering
is sufficient to determine whether the applicant can address the issues
identified above and also to determine generally whether the property
and proposed location of operations thereon are adequate and sufficient
for the safe operation of the proposed seasonal business; and
(6)
A statement indicating how the applicant intends to maintain the
property during the operation of the proposed seasonal business, including
but not limited to the collection and disposal of trash, refuse, debris
and other materials.
D.
All applications for a temporary business license shall be reviewed by the Zoning Officer, Fire Marshal, Construction Code Official (and/or appropriate sub-code official), Chief of Police and BID Coordinator in the manner set forth in § 154-8 and shall be approved or denied by the governing body in accordance with § 154-9.
F.
There shall be no renewal of any temporary business license. It is
the express intent of this section that the expiration of a temporary
business license shall have the same effect as termination of a license
such that a new temporary business license shall be required each
year and/or each season in which a seasonal business intends to operate.
G.
All vendors issued a temporary business license for a seasonal business
pursuant to this section shall abide by the following requirements
and shall be subject to suspension or revocation of said license,
and the denial of future licenses, for any violation of the following:
(1)
Seasonal businesses shall be permitted to operate only between the
hours of 9:00 a.m. to 9:00 p.m. and shall only operate on the days
of the week identified in the business license application, which
shall be noted on the license issued to every seasonal business; and
(2)
All trash, debris and/or foreign materials shall be removed from
the property nightly upon the close of business; and
(3)
Any property, equipment, merchandise and/or materials left on-site
overnight shall be secured so as to prevent same from being strewn
around the property and/or off-site while the vendor is not on-site
and in a manner so as to dissuade potential theft and/or vandalism;
and
(4)
All property, equipment, merchandise and/or materials belonging to
the vendor shall be removed from the property within 48 hours following
the expiration of the seasonal business license; and
