[HISTORY: Adopted by the Borough of Rutherford
Council 3-17-1998 by Ord. No. 2831-98. Amendments noted where applicable.]
[Amended 9-12-2016 by Ord. No. 3404-16[1]]
A.
No person, association of persons or corporation shall hereafter conduct or operate any store or establishment in the Rutherford Business District, as established and delineated by § 131-7E of the Borough Code, for the sale or exchange of merchandise, foods, goods, wares and chattels of any kind or description or for services or repairs to goods, wares and chattels of any kind or description, including the providing of professional and business services, without first having obtained a certificate of registration; provided, however, that a certificate of occupancy has first been secured from the Building Department.
B.
Owners of premises used to conduct or operate any store or establishment in the Rutherford Business District are required to notify all lessees or their successors and assigns of the requirements set forth in Subsection A above. Failure to do so shall render every owner of premises subject to the penalties as prescribed in § 57-10 hereof.
[1]
Editor’s Note: This ordinance also changed the title
of this chapter from “Merchants and Business Special Improvement
District Licenses” to “Merchants and Rutherford Business
District Licenses.”
All applications for a certificate of registration
shall be in writing on forms furnished by the Borough of Rutherford
signed by the applicant and presented to the Borough Clerk. Said application
shall state the correct name under which the business is being operated,
the name and address of the applicant, the kind of business to be
conducted, the location of the place where said business is to be
conducted and the square foot gross floor area of the location of
the business, exclusive of basement areas used for storage.
[Amended 9-12-2016 by Ord. No. 3404-16]
Upon receipt of the application and payment
to the Borough Clerk of the fee herein provided, the Borough Clerk
shall issue a certificate of registration for the business set forth
in the application, and, in addition, the Clerk shall forthwith report
the issuance of the same to the governing body and the Zoning Officer.
[Amended 9-12-2016 by Ord. No. 3404-16]
All certificates of registration issued pursuant
to this chapter shall expire on January 1 of each year.
[Amended 9-12-2016 by Ord. No. 3404-16]
A.
The certificate of registration fee shall be $100 per business owner.
B.
No fee shall be charged to any charitable or nonprofit organization
or associations organized for religious, political or educational
purposes within the Rutherford Business District.
C.
The certificate of registration fee will not be billed to each business
owner in 2017, but will be billed in following years on November 1.
The fee will be due on January 1.
[Amended 9-12-2016 by Ord. No. 3404-16]
Fees collected or received under the provisions of this chapter
shall be forwarded to the Borough Treasurer and credited to a special
account.
No certificate of registration shall be issued
to cover more than one place of business.
[Added 9-12-2016 by Ord. No. 3404-16[1]]
A.
There is hereby established within the Borough of Rutherford the Mayor and Council's Rutherford Business Initiative Advisory Committee. The Rutherford Business Initiative is a committee within the Borough of Rutherford dedicated to marketing and promoting the retail, professional and service businesses of Rutherford. The objective is to create an environment where people will shop and live and for retailers and professionals to grow and thrive by helping create a vital community experience for all, residents and visitors alike. The Rutherford Business Initiative Advisory Committee shall serve in an advisory capacity to the Mayor and Council and will work closely with the Building Department, the Zoning Department, the Economic Development Committee, and the Streetscape Committee established in § 131-7E of the Borough Code.
B.
The marketing and promotions of the Rutherford Business Initiative
Advisory Committee will include branding, social media applications
and special events; grants, business recruiting and retention; and
safety, beautification, streetscape and storefront improvements within
the Rutherford Business District as set forth within Schedule A,[2] attached to § 131-7E.
[2]
Editor's Note: Schedule A is on file in the Borough Clerk's
office.
C.
Composition. The Rutherford Business Initiative Advisory Committee
will consist of nine members and two alternates appointed by the Mayor
with the advice and consent of the Council. The Rutherford Business
Initiative Advisory Committee will assist or collaborate with the
governing body in developing necessary projects for the Rutherford
Business District, but such persons shall have no power to take other
action required of the governing body. The members of the Committee
will include:
(1)
Four business owners from the Park Avenue Business District.
(2)
One business owner from the Union/Jackson Avenue Business District.
(3)
One business owner from the Meadows Avenue Business District.
(4)
Two residents of Rutherford.
(5)
One at-large business owner.
(6)
One alternate business owner (at-large).
(7)
One alternate resident.
(8)
One Council liaison (nonvoting).
D.
Term. The members of the Rutherford Business Initiative Advisory
Committee will serve for periods of one, two or three years. Members
shall be appointed by the Mayor and shall serve for three-year terms,
except that, of the first members appointed, three members shall serve
for one year, three members shall serve for two years, and three other
members shall serve for three years. The alternate members shall serve
for two-year terms. All members may, at the expiration of their terms,
be eligible for appointment to three-year terms, except for alternate
members who are eligible for two-year terms. Vacancies shall be filled
in the same manner in which the previous incumbent was appointed and
such vacancy appointment shall be only for the balance of the unexpired
term.
E.
Funding.
(2)
This funding will be administered by the Borough and expended based
upon recommendations from the Rutherford Business Initiative Advisory
Committee to the Mayor and Council for projects within the Rutherford
Business District and to ensure that all businesses within the District
comply with the Borough's Zoning Code, Health Code, Building
Code and Fire Prevention Codes.
F.
Budget. A budget will be established by the Rutherford Business Initiative
Advisory Committee members and presented to the Mayor and Council
for review and approval in October of each year.
G.
Evaluation of progress of the Rutherford Business Initiative Advisory
Committee will take place in October 2017, at which time a fair assessment
of the Committee will be reviewed by the Mayor and Council.
[Amended 9-12-2016 by Ord. No.
3404-16]
Any person, association of persons or corporation within the
Rutherford Business District and subject to this chapter shall have
the right of appeal to the Mayor and Council of any administrative
determination made pursuant to this chapter. Such appeal shall be
taken by filing with the Mayor and Council, on or before January 1
of the licensing year, a written statement setting forth fully all
the facts why the administrative determination was improper or incorrect.
The Mayor and Council shall set a time and place for hearing on such
appeal, and notice of such hearing shall be given to the appellant
by certified mail at his or her last known address at least seven
days prior to the date set for the hearing. The decision and order
of the Mayor and Council on such appeal shall be final and conclusive.
[Amended 9-12-2016 by Ord. No.
3404-16]
Any person, association of persons or corporation violating
any of the provisions of this chapter shall, upon conviction thereof,
be subject to a fine of $300 at the discretion of the Municipal Court
Judge, and each day that said violation shall continue shall be deemed
a separate offense. This section shall be enforced by the Rutherford
Building Department and the Zoning Department.
