It is the intent and purpose of this article to register businesses being operated in the City of Corbin City to assist City officers and employees, such as the New Jersey State Police, Tuckahoe Volunteer Fire Department, taxation officers, zoning officers, construction officers, Health Department officers, and others, in promptly locating a particular business, and the owners of the property and the operators of the business thereof, in order that the City personnel will know the nature of the business when they go there and will know the names and addresses of the owners and operators of the business. This information will all be located in one central location, which will substantially aid City employees in the prompt and efficient interaction with the business community.
[HISTORY: Adopted by the Common Council of the City of Corbin City as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-8-2024 by Ord. No. 8-2024[1]]
[1]
Editor's Note: This ordinance amended in its entirety Ch. 73, Art. I, Mercantile Licenses, adopted 10-11-1976 by Ord. No. 4-76, amended 5-14-1979 by Ord. No. 7-79; 6-14-1999 by Ord. No. 3-1999; 12-12-2005 by Ord. No. 8-2005; 10-9-2007 by Ord. No. 15-2007; 8-13-2018 by Ord. No. 6-2018; 8-8-2022 by Ord. No. 9-2022; 3-13-2023 by Ord. No. 5-2023; 4-10-2023 by Ord. No. 7-2023; 5-8-2023 by Ord. No. 9-2023
Except in those cases where a different license is required by any provision of this article or other ordinance of the City of Corbin City, no person shall transact business or either directly or indirectly conduct a business or commercial establishment within the City of Corbin City until the business has been registered to do business within the State of New Jersey and registered with the City in accordance with this section.
For purposes of this article, "transacting business" or "conducting business" shall mean the provision of any goods or services by a business located within the City of Corbin City, or the sale, consignment or rental of any goods or services, solicitation of business or offer of any goods or services for sale by a business located within the City.
Any person or association of persons operating or intending to operate a business in the City of Corbin City shall, within 30 days of opening his, her, or its business, and annually thereafter (subject to the provisions of §§ 73-6 and 73-8 herein):
A.
File an application to register each business location and pay the appropriate fee. The application shall be made upon a form furnished by the City Clerk, which application shall require the following information: business name, the name and address of the business owner, the name and address of the property owner, telephone number of the business, home and business telephone numbers of property owner, home telephone number of business operator, and the anticipated opening and closing dates of the business; and
B.
Submit a certificate of insurance that complies with the requirements of N.J.S.A. 40A:10A-1, together with any other additional information which may be required by the City of Corbin City from time to time.
Upon approval of a business registration application or business registration renewal form and payment of the applicable fee, the City of Corbin City will issue a business registration certificate, which shall clearly set forth in all capital letters the following sentence:
THE ISSUANCE OF THIS GENERAL BUSINESS REGISTRATION SHALL NOT BE CONSTRUED TO CONSTITUTE APPROVALS BY THE CITY OF CORBIN CITY AS TO ZONING COMPLIANCE, COMPLIANCE WITH THE NEW JERSEY UNIFORM CONSTRUCTION CODE, OR FIRE SAFETY COMPLIANCE, NOR DOES IT REFLECT THE STATUS OF PAYMENT OF REAL ESTATE TAXES OR COMPLIANCE WITH ANY OTHER STATUTES, REGULATIONS OR ORDINANCES, AND SHALL SERVE ONLY TO CONFIRM THAT THE BUSINESS HAS BEEN REGISTERED WITH THE CITY OF CORBIN CITY PURSUANT TO THE PROVISIONS OF THIS ARTICLE. |
The business registration certificate shall be publicly displayed upon the premises of each registered business location.
A registration fee of $40 shall be paid for each business location operating within the City of Corbin City at the time the application is filed and annually thereafter (the "annual renewal fee"). The annual renewal fee shall be paid on or before January 31 of the year of issue.
The registration fee provided for in § 73-6 shall be valid for the year in which it is issued and shall expire on December 31 of that year.
The business year shall run from January 1 through December 31. Business registration shall be renewed each year after the year in which the initial registration was issued by completing and submitting an annual registration renewal form with payment of the annual registration fee prior to January 31 of each year. A late fee of $25 will be charged for failure to submit the annual registration renewal form and annual registration fee by January 31.
If any person, firm, association, partnership or corporation makes use of a registered business as a means to violate any of the ordinances of the City of Corbin City or the laws of the State of New Jersey, falsifies any information on the business registration application or business registration renewal form, or operates contrary to the representation on the application or renewal form, the business registration may be revoked and the opportunity to renew forfeited.
[Adopted 3-10-2014 by Ord. No. 3-2014]
[1]
Editor's Note: Former Art. II, Payment of Taxes and Assessments, consisting of §§ 73-12 through 73-15, adopted 10-10-1988 by Ord. No. 4-88, was repealed 7-8-2024 by Ord. No. 8-2024. This ordinance also provided for the renumbering of former Art. III, Licensing of Peddler, Solicitors and Vendors, as Art. II.
As used in this article, the following terms shall have the meanings indicted:
Includes patriotic, religious, benevolent, educational, civic or fraternal corporations, organizations, associations, societies and the like.
A person who sells or collects goods or services, the proceeds of which are devoted exclusively to the purpose of a philanthropic, charitable or religious society on whose behalf he acts as agent.
A person who goes from place to place, also known as a "hawker," by traveling on the street or from house to house and who carries with him goods, wares and merchandise for the purpose of selling and delivering them to consumers or buyers.
Any individual, firm, partnership, corporation, voluntary association, church, religious denomination, society, political association, incorporated association or agent thereof.
A person who goes from house to house selling or buying goods, wares or merchandise by sample, or taking orders for future delivery, or selling a service to be rendered in the future, with or without accepting advance payment for the goods, wares, merchandise or services, or any person requesting, directly or indirectly, money, credit, property, financial assistance and other things of value on the representation that same will be used for a charitable or philanthropic purpose.
The purpose of this article is to prevent fraud, crime and dishonest business practices. All application fees are not charged as revenue but for the purpose of covering the expenses incurred in the regulation and control of licenses and permits.
It shall be unlawful for any peddler, non-profit-making vendor, solicitor or other person to sell, buy or dispose of, or offer to sell or dispose of, any goods, wares, merchandise or services or to contract for service to be rendered or to take or offer to take orders for any goods, wares, merchandise or services to be rendered or delivered in the future or to solicit for charitable and philanthropic purposes within the City of Corbin City without first obtaining a license therefor as provided in this article.
[Amended 5-8-2023 by Ord. No. 9-2023; 7-8-2024 by Ord. No. 8-2024]
A.
Any person desiring a license for the purposes herein mentioned in this article shall file an application with the City of Corbin City in duplicate and sworn to by the applicant which shall include:
(1)
The name and permanent address of the applicant.
(2)
The age, weight and height of the applicant.
(3)
A description and registration number of the vehicle(s) to be used by the applicant, if any.
(4)
The name and address of the employer or charitable or philanthropic organization.
(5)
The nature of the business to be conducted and type of merchandise to be sold or services to be solicited, or the nature of the charitable and philanthropic solicitation, as the case may be.
(6)
The length of time for which the license is desired.
(7)
At least three business or character references.
(8)
All places where the applicant has resided for a period of five years immediately prior to making the application.
(9)
Whether the applicant has ever been convicted of a crime or as a disorderly person or of any violation of any ordinance regulating peddlers, hawkers, solicitors or canvassers, stating the date of each such conviction, name of the court, violation charged in the complaint and the disposition thereof.
B.
All such applications shall also be accompanied by:
(1)
A letter or written statement from the individual, firm, corporation or organization employing or authorizing the applicant to act on its behalf, certifying that the applicant may make such application.
(2)
A recent photograph of the applicant taken within one year of the date of application and whose dimensions shall be approximately passport size.
(3)
An appropriate New Jersey sales tax certificate, which is nonassignable and nontransferable.
(4)
The required fee for this license shall be $75.
(5)
Submit certificate of insurance to be in compliance with N.J.S.A. 40A:10A-1.
When said application is properly filled out and signed by the applicant and all accompanying information provided, the City of Corbin City shall investigate the statements made therein, as well as the information provided, and the City Clerk shall present such application for approval or disapproval of the governing body at its next regularly scheduled meeting. When a fee is required under this article, the applicant shall pay the requisite fee to the City Clerk at the time of the submission of the application.
Upon approval of the governing body and upon payment of the required fee, the City Clerk shall issue to the applicant a license, which shall be in the form of a writing bearing the name of the licensee, the purpose for which it was issued, the date of expiration and the signature of the City Clerk. All licenses shall expire on December 31 of each year and, once issued, shall not be transferable or assignable to any person.
Every licensee shall be required to carry the license in his/her possession while engaged in the business. The licensee shall produce his/her license at the request of any person solicited or any official of the City.
A.
The following persons are expressly exempt from the payment of any license fees:
(1)
Non-profit-making vendors.
(2)
Charitable and philanthropic organizations and their authorized representatives.
(3)
Candidates for any public office and persons accompanying such candidates.
(4)
Any person honorably discharged from the military service of the United States, possessing a peddler's license issued pursuant to N.J.S.A. 45:24-9 and 45:24-10.
(5)
Any person who is an exempt fireman, as defined by N.J.S.A. 45:24-9 and 45:24-10.
B.
Any of the foregoing persons claiming an exemption under this section shall indicate on the application the status claimed. An exempt fireman or veteran pursuant to N.J.S.A. 45:24-9 and 45:24-10 shall exhibit to the City Clerk a copy of the license issued by the Clerk of the County pursuant to N.J.S.A. 45:24-10.
A.
Licenses issued under this article may be revoked by the City Clerk after notice and hearing, for any of the following causes:
(1)
Fraud, misrepresentation or false statement in the application for the license.
(2)
Fraud, misrepresentation or false statement made in the course of carrying on the licensed business or solicitation in the City.
(3)
Any violation of this article.
(4)
Conviction of any crime involving moral turpitude or a violation of any ordinance concerning peddling, hawking, soliciting or canvassing.
(5)
Conducting the licensed business or solicitation in the City in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.
B.
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be given personally or mailed to the licensee at his/her last known address at least five days prior to the date set for hearing.
C.
Any such license may, pending revocation proceedings, be suspended for not more than 30 days by the City Clerk if, in his/her opinion, the conduct of the licensee is determined to be a hazard to the health, safety and welfare of the City.
No soliciting or canvassing activities shall be conducted before 10:00 a.m. or later than 9:00 p.m. on any day.
In addition to the revocation or suspension of the license granted under this article, any person who violates any provision of this article shall, upon conviction thereof, be subject to the general fines and penalties set forth in Chapter 103 of the Corbin City Code.