[G.O. No. 1315, § 1]
(a)
License required. No person shall engage in, solicit, manage, conduct,
perform or carry on the business of installing, monitoring, responding
to, connecting, maintaining, repairing, servicing, arranging, adjusting,
replacing, moving or programming any private alarm system, equipment
or device designed to summon or notify the Police Department, Fire
Department, neighbors or a private security service and no person
shall sell or lease systems, equipment or devices for such purpose
and intended to be installed in any building, place or premises in
the Town of Westfield, without first having obtained a license for
that purpose from the police chief. Such license shall be known as
the "Alarm Business License". Such license shall be for a term of
one-year and shall be renewable annually on October 1 of each year
and shall not be transferable.
(b)
To whom issued. Alarm business licenses shall be issued only to the
following who have satisfied all requirements of this chapter:
(1)
Individual citizens of the United States operating as a sole proprietorship
or as a partnership who have been residents of the state for at least
one-year at the time of applying for the license, and who are at least
18 years of age and of good moral character.
(2)
Corporations incorporated or registered to do business in the State
of New Jersey.
(c)
Application for license; form and content. Application for an alarm
business license shall be made in writing in duplicate to the Chief
of Police on forms supplied by the Police Department on or before
September 1 in each year for approval by October 1, shall be signed
by the applicant, and shall be accompanied by the license fee and
processing fee required by this article and all other documents required
by this article, and shall contain the following information:
(1)
Name, business address, home address, business telephone number,
residence telephone number, and age, of an individual owner or of
all partners and of the alarm business, if different, the trade name
of the alarm business, if any, and if a corporation, the State of
incorporation, name, trade name of the alarm business, if any, business
address, business telephone of the alarm business and of the officers,
manager, and stockholders of the corporation owning more than 10%
of the stock of the corporation.
(2)
The name, address, and telephone number of the insurance agent and
insurance company that will provide the required insurance coverage.
(3)
Names of all current employees.
(4)
For each vehicle to be used in the business, the name of manufacturer,
body type, year, serial number, color, bill of sale number, State
registration number and license number.
(5)
For each individual owner or partner and in cases where a corporation
is the applicant, its president, manager and each stockholder holding
10% or more of the capital stock of such corporation, a statement
whether or not such persons have been convicted of a crime, and if
so the nature of the offense, where convicted, and the date of each
such conviction.
(6)
A description of services to be offered by the applicant if the license
is granted.
(7)
Such further information as may be required by the police chief from
time to time.
Each application for an alarm business license shall be accompanied
by a certificate of insurance from a company licensed to do business
in the State of New Jersey, showing evidence of public liability insurance
in the amount of at least $1,000,000. Each initial application shall
be accompanied by a non-refundable fee of $20 to cover the costs involved
in processing the application and investigation of the applicant.
No such fee shall be required for renewals of the license. This fee
is in addition to the license fee required.
Each application shall also be accompanied by the appropriate
license fee, which shall be refundable if the license is not granted.
(d)
Prerequisites. After completing and submitting the application as
aforesaid, the following prerequisites shall be required before a
license may be issued:
(1)
Fingerprinting. Every individual owner, or partner, and in cases
where a corporation is the applicant, its president, manager, and
each stockholder holding 10% or more of the capital stock of such
corporation, applying for an alarm business license shall be fingerprinted
by the Police Department as a prerequisite to the approval and issuance
of such license by the Chief of Police. In the event that a records
check shows that any such person has been convicted of any crime involving
a sex offense of any kind, larceny of any degree or any other crime
equivalent to a crime of the third degree or greater under New Jersey
law, in this State or in any other State or territory of the United
States, the police chief shall refuse to issue an alarm business license
to such individual applicant or corporate applicant and shall revoke
same, after a hearing, upon the presentation of evidence of a prior
or subsequent conviction of any such criminal offense.
(2)
Compliance with all other provisions of this chapter.
(e)
Form and contents of license. The license shall be in writing, numbered,
in duplicate and signed by the police chief, on a form provided by
the Town, and shall for each such license contain the following information:
Name, trade name, if any, business address, business telephone of
the alarm business, number of the license; the name of the company
supplying insurance coverage, the policy number, and the name, address,
and telephone number of the insurance agent.
(f)
By whom issued. Alarm business license or any renewal thereof shall
be issued by the police chief only after compliance by the applicant
with all the requirements of this chapter, including the payment of
the required fee.
One copy of the alarm business license when issued shall be
retained by the police chief. The applicant shall receive the original.
(g)
Renewal of license. All applications for renewal of an alarm business license shall be on the same form as the initial application and be filed with the police chief at least one-month before the expiration date of the license being renewed. Fingerprinting shall not be required on a renewal if there has been no change in the persons required by Section 15-5 (c)(1) to be listed on the initial application.
(h)
Duty of police chief. Within 60 days after the filing of an application
for a license, the police chief, or his designated representative,
shall notify the applicant of his decision to approve or deny the
application.
No application shall be denied by the police chief, unless he
determines that the applicant or any owner, partner, or manager of
the applicant, or in the case of a corporation, any officer, manager
or a stockholder holding more than 10% of the capital stock of the
corporation, has a record of criminal convictions of the nature set
forth herein, has made a materially false statement in the application,
has failed to comply with any other provisions of this chapter, has
failed to pay the required fee, or for other just cause. The reason
for the denial shall be specified in the notification to the applicant.
(i)
Appeal of denial. If an applicant has been denied approval, the applicant
may appeal the denial to the Mayor and Council of the Town of Westfield
by filing a letter which shall constitute the notice of appeal with
the Town Clerk within 10 days after receipt of the notice of denial.
Said notice of appeal shall specify the grounds upon which the applicant
relies in contending the denial was an error, and shall have annexed
to it the written denial from the Chief of Police. No hearing shall
be held, but the Mayor and Council of the Town of Westfield shall,
within 30 days, review the letter notice of appeal and the denial
notice and render a decision on said records. If the Mayor and Council
of the Town of Westfield desire to review any other documents, they
shall request same in writing and shall notify both the denied applicant
and the Chief of Police of said request.
(j)
Continuation of business. Any person, partnership, corporation, or
other entity conducting an alarm business in the Town of Westfield
on the effective date of this chapter may continue to do business
while its application for a license is being processed, but shall
cease and desist from doing business upon receipt of a notice of denial
of its application for a license. Such application shall be made within
30 days of the effective date of this chapter.
(k)
Indemnity. For any such license granted hereunder, the licensee shall
assume all liability and agree to indemnify and save harmless the
Town of Westfield, its agents and employees, and the Westfield Police
Department from any liability in connection with the operation of
the alarm business.
(l)
Applicability. The provisions of this section shall not be applicable
to the property owner or occupant who installs an alarm system in
the property he owns or occupies.
[G.O. No. 1315, § 1]
(a)
License required. No natural person shall install, monitor, respond
to connect, maintain, repair, service, arrange, adjust, replace, move
or program any private alarm system, equipment or device designed
to summon or notify the Police Department, Fire Department, neighbors
or a private security service and no person shall solicit for any
of the above, or sell or lease systems, equipment or devices for such
purpose and intended to be installed in any building, place or premises
in the Town of Westfield, without first having obtained a license
for that purpose from the police chief. Such license shall be known
as the "Alarm Installers License". Such license shall be for a term
of one-year from date of issue and shall be renewable annually and
shall not be transferable.
(b)
To whom issued. Each applicant for an alarm installer's license
must be at least 18 years of age, must be of good moral character,
and shall have satisfied all the other requirements of this chapter,
including the payment of the required fee.
(c)
Application for license; form and content. All applications for an
alarm installer's license shall be made in writing, in duplicate,
to the Chief of Police on forms supplied by the Police Department,
shall be signed by the applicant and shall contain the following information:
(1)
Full name and present address and telephone number of the applicant,
the residence of the applicant for the past year, his age, the number
of his State driver's license, the details of any service in
the armed forces together with the date and nature of discharge therefrom,
social security number, date of birth, place of birth, sex, marital
status, identifying physical characteristics, and the recommendation
of two residents of the State who have known him for at least one-year
prior to the date of making such application.
(2)
The licensed alarm business or businesses where the applicant is
employed and such employer shall endorse the application.
(3)
A statement as to whether or not the applicant has been convicted
of a crime in this or any other State, and if so, the nature of the
offense, where convicted, and the date of such conviction.
Each application for an alarm installer's license shall
be accompanied by two recent photographs of the applicant of a size
1 1/2 inches by 1 1/2 inches. Each application shall be
accompanied by the license fee required by this chapter.
(d)
Prerequisites. After completing and submitting the application as
aforesaid, the following prerequisites shall be required before a
license may be issued:
(1)
Fingerprinting. Every applicant for an alarm installer's license
shall be fingerprinted by the Police Department. Upon refusal of such
applicant to be fingerprinted, the police chief shall refuse to license
the applicant. In the event of a records check shows that such person
has been convicted of a crime involving a sexual offense of any kind,
larceny of any degree, or any other crime equivalent to a crime of
the third degree or greater under New Jersey law, in this State or
any other State or territory of the United States. The police chief
shall refuse to issue an alarm installer's license to such person
and shall revoke same after a hearing upon the presentation of evidence
of a prior or subsequent conviction of any such criminal offense.
(2)
Compliance with all other provisions of this chapter.
(e)
Form and contents of license. The license shall be in writing, numbered,
in triplicate, and signed by the police chief on a form provided by
the Town, and shall contain the following information: Photograph
supplied (on the original and one copy), name, address, alarm business
by whom employed, and badge number. The license issued to the installer
shall be in the form of a badge or identification tag.
(f)
By whom issued. Alarm installer's license or any renewal thereof
shall be issued by the police chief only after compliance by the applicant
with all the requirements of this chapter including the payment of
the required fee.
(g)
Where displayed. The badge or identification tag license when issued
to the installer shall be kept on the person of the installer at all
times when engaged in work in the Town. A copy shall be retained by
the police chief. The other copy of the installer license (which shall
not include a picture), shall be forwarded to the alarm business by
whom the installer is employed and kept on file by the owner of such
business.
(h)
Renewal of license. All applications for renewal of an alarm installer's
license shall be in the same form as the initial application and filed
with the chief at least one-month before the expiration date of the
license being renewed.
Photographs and fingerprinting shall not be required if already
supplied.
(i)
Change of address or employment. After the issuance of such license,
each licensee and the owner of the employing alarm business shall
within three days from the effective date of such change, notify the
police chief in writing of any change of address from that given in
the application for license or any change of employment.
(j)
Duty of police chief. Within 30 days after the filing of an application
for a license, the police chief, or his designated representative,
shall notify the applicant of his decision to approve or deny the
application.
No application shall be denied by the police chief, unless he
determines that the applicant has a record of criminal convictions
of the nature set forth herein, has made a materially false statement
in the application, has failed to comply with any other provisions
of this chapter, has failed to pay the required fee, or for other
just cause. The reason for the denial shall be specified in the notification
to the applicant.
(k)
Appeal of denial. If an applicant has been denied approval, the applicant
may appeal the denial to the Mayor and Council of the Town of Westfield
by filing a letter which shall constitute the notice of appeal with
the Town Clerk within 10 days after receipt of the notice of denial.
Said notice of appeal shall specify the grounds upon which the applicant
relies in contending the denial was an error, and shall have annexed
to it the written denial from the Chief of Police. No hearing shall
be held, but the Mayor and Council of the Town of Westfield shall,
within 30 days, review the letter notice of appeal and the denial
notice and render a decision on said records. If the Mayor and Council
of the Town of Westfield desire to review any other documents, they
shall request same in writing and shall notify both the denied applicant
and the Chief of Police of said request.
(l)
Continuation of employment. Any person, employed as an alarm installer
as defined herein, in the Town of Westfield on the effective date
of this chapter may continue to be so employed while his application
for a license is being processed, but shall cease and desist from
doing work upon receipt of a notice of denial of his application for
a license. Such application shall be made within 30 days of the effective
date of this chapter.
(m)
Indemnity. For any such license granted hereunder, the licensee shall
assume all liability and agree to indemnify and save harmless the
Town of Westfield, its agents and employees, and the Westfield Police
Department from any liability in connection with the installation
or operation of any alarm system installed by him.
(n)
Applicability. The provisions of this section shall not be applicable
to the property owner or occupant who installs an alarm system in
the property he owns or occupies.
[G.O. No. 1315, § 1]
The fees for the issuance of licenses required by this chapter
shall be as follows:
(a)
For each alarm business license, the sum of $50, for the period from
the first day of October in any year to the thirtieth day of September
in the following year, or any part of said period, except in the case
of any alarm business license issued on or after the thirty-first
day of March of each year hereafter, only 1/2 of the above fees shall
be paid. If the license is not granted the fee will be refunded.
(b)
For each alarm installer's license, the sum of $10 annually.
If the license is not granted the fee will be refunded.
[G.O. No. 1320, § 1]
The owner or occupant of premises shall have the right to personally
install, connect, arrange, maintain, adjust, repair, replace, move,
service or inspect any emergency alarm system in such premises without
obtaining a license as an alarm installer or alarm business to do
so, provided such person does the work himself.
