[Adopted 10-11-1976 by Ord. No. 4-76; amended 6-14-1999 by Ord. No. 3-1999]
It shall be unlawful for any person to engage in or carry on
any business, profession, trade or calling, or to sell, vend or otherwise
offer for sale, use or consumption by the general public any goods
or services, within the City of Corbin City, when not otherwise required
to be licensed by any other ordinance of Corbin City, without obtaining
from the City Clerk a license so to do, to be known as a "mercantile
license."
This chapter shall not apply to:
A.
Orders taken outside the City.
B.
Soliciting of orders by wholesale dealers from retail dealers, or
deliveries by wholesale dealers to retail dealers.
C.
Sale of delivery of newspapers, magazines or other similar periodicals.
D.
Farmers using the highways of the City and selling their farm produce,
but every such farmer shall secure a permit upon application in writing
to the Clerk on a form approved by Council and every farmer having
a permit shall display same on the vehicle being used.
E.
Any corporation authorized to transact business by the Department
of Banking and Insurance of the State of New Jersey.
F.
Any corporation authorized to transact business by any department
of the government of the United States of America.
G.
Any person licensed to transact business by the State of New Jersey
or any department, board or commission thereof.
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 City Clerk on June 1 and all licenses shall expire
on May 30 of the following year.
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 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 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 person or persons who own the business,
with a designation of the proper trade name. No license shall be granted
hereunder until proof has been furnished to the City Clerk that the
trade name was registered with the State of New Jersey or in the office
of the County Clerk in the manner prescribed by the laws of the State
of New Jersey.
[Amended 8-8-2022 by Ord.
No. 9-2022]
C.
A license to be granted to a partnership shall be granted in the
name of all general partners as well as the official partnership name,
and the names of all limited partners must be shown on the application.
A.
An application for a license hereunder shall be accompanied by the
required fee and shall be made to the City Clerk on forms provided
to obtain the following information:
(1)
Name and permanent and local address of the applicant. If the applicant
is a corporation, the name and address of its registered agent.
(2)
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.
(3)
If a vehicle is to be used, applicant is to provide: a description
of the vehicle; a copy of valid registration; and proof of valid insurance.
[Amended 8-8-2022 by Ord.
No. 9-2022]
(4)
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship.
(5)
The days of the week and the hours of the day during which the licensed
activity is anticipated to be conducted.
(6)
A description of the nature of the business and the goods, property
or services to be sold or.
B.
Application by a partnership shall be signed by all partners, with
the information required by this section supplied in detail as to
each partner - and applications by corporations shall have attached
individual statements containing all the information required by this
section relating to each officer, employee or agent who shall be responsible
for the licensed activity, and shall be signed by each such officer,
agent or employee as well as the appropriate corporate officers on
behalf of the corporation.
[Amended 12-12-2005 by Ord. No. 8-2005; 10-9-2007 by Ord. No. 15-2007]
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 according
to the following schedule:
[Amended 8-8-2022 by Ord. No. 9-2022]
|
Nature of Activity
|
Fee
|
|---|---|
|
Retail, wholesale or unclassified businesses, trade or professions
of every type
|
$75
|
|
Peddlers, vendors, solicitors and other occasional concessionaires
|
$75
|
B.
No fee shall be charged when the entire proceeds of the business
are for religious or charitable purposes.
C.
Failure by an applicant to be present for a scheduled inspection
by the Zoning and Code Enforcement Officer shall result in the assessment
of an additional fee of $20 per missed inspection.
[Added 8-13-2018 by Ord.
No. 6-2018]
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 Corbin
City which provide regulations respecting 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 Common
Council 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.
Any license issued by the City hereunder may be revoked by Council,
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 his 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.
[Added 5-14-1979 by Ord.
No. 7-79]
Upon receipt by the City Clerk of a completed application for
license, together with payment of the appropriate fee, a temporary
license may be issued to the applicant upon preliminary investigation,
inspection and approval by a minimum written consent of the Mayor
and one member of the Common Council or two members of Common Council.
Said temporary license shall be issued for a period of no longer than
45 days. Thereafter, no permanent annual license may be issued without
public consideration and a majority vote of the Common Council at
a regular or special meeting thereof after receipt from the Zoning
and Code Enforcement 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 and otherwise meet all standards set forth in all applicable
building, plumbing and fire codes.
