The purpose of this chapter is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses
issued by the Township, except alcoholic beverages licenses, dog licenses
and taxicab licenses, and except as may be specified or otherwise
provided elsewhere in this chapter.
All applications for licenses shall be accompanied by the required
fee and shall be made to or through the Township Clerk upon forms
provided by him. Applications shall contain the information specified
by resolution of the Township Committee and may include the following
along with any other information deemed necessary or specifically
called for by ordinance:
A. The name and permanent and local address of the applicant. If the
applicant is a corporation, the name and address of its registered
agent.
B. If the licensed activity is to be carried on at a fixed location
the address and description of the premises.
C. If a vehicle is to be used, it description, including the license
number.
D. If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship.
E. The days of the week and the hours of the day during which the licensed
activity will be conducted.
F. A description of the nature of the business and the goods, property
or services to be sold or supplied.
G. A statement as to whether the applicant has been convicted of any
crime or the violation of any municipal ordinance other than traffic
offenses and, if so, the date and place of conviction, the nature
of the offense and the punishment or penalty imposed.
H. Appropriate evidence as to the good character and business responsibility
of the applicant so that an investigator may properly evaluate his
character and responsibility.
I. Applications by partnerships shall be signed by all partners, with
the information required by this section supplied in detail as to
each partner, and applications of corporations shall have attached
individual statements containing all of the information required by
this section relating to each employee or agent who shall engage in
the licensed activity and shall be signed by each employee or agent.
Each application shall be referred to the Chief of Police or
a police officer designated by him, who shall immediately institute
whatever investigation of the applicant's business responsibility,
moral character and ability to properly conduct the licensed activity
he considers necessary, for the protection of the public. He shall
communicate his findings in writing to the Township Clerk within a
reasonable time after the application has been filed. If the investigator
decides that the applicant's character, ability or business responsibility
is unsatisfactory or that the products, services, or activities are
not free from fraud, he shall disapprove the application, and the
Clerk shall refuse to issue the license and so notify the applicant.
Otherwise, the Township Clerk shall issue the license immediately,
provided that the required license fees have been paid, except in
cases where approval of the Township Committee is required. In the
case of an application for a solicitor's, peddler's or canvasser's
license, the license may be issued immediately, subject to the investigation.
In the event of the refusal of the issuance of a license, the applicant
may appeal to the Committee for a hearing. The appeal shall be filed
in writing with the Township Clerk within fourteen (14) days after
notification of the refusal. The Committee shall hold its hearing
within ten (1 0) days thereafter, and its decision shall be final.
Licenses shall be in a form which the Township Committee prescribes
by resolution and shall contain the following information:
A. The name and address of the licensee.
B. The number and type of the license and the nature of the licensed
activity.
C. The address at which the licensed activity is conducted, if the activity
is carried on at a fixed location.
D. If the licensed activity is conducted from a vehicle, the make, model
and license number of the vehicle.
E. Any other appropriate information which the Mayor and Committee may
require by resolution.
The Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Township Committee and shall contain the same information as is required by §
27-4 to be contained in the license. It shall also indicate the amount of the fee paid for the license, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal and any other information which the Township Committee may require by resolution.
When the licensed activity is conducted at a fixed location
or from a vehicle, the license shall be prominently displayed at the
location or on the vehicle. In all other cases, the licensee shall
have the license in his possession at all times and shall display
it upon the request of any police officer or any person with whom
he is doing business.
Except as otherwise provided, a license shall apply only to
the person to whom it was issued and shall not be transferable to
another person. Licenses may be transferred from place to place in
cases where the licensed activity is conducted at a fixed location,
but only with the approval of the Township Committee, by resolution.
The fee for the transfer of a license from place to place shall be
five dollars ($5.).
A. Except where expressly provided otherwise, all licenses shall expire
on December 31 of the year of issue at 12:00 midnight. Applications
for the renewal of licenses shall be made not later than December
1 of the year of issue.
B. When an application for a license is made during the course of any
calendar year, the fee shall be prorated to the nearest month. Any
period of time greater than one-half (1/2) of a month shall be considered
as a full month for this purpose.
Any license or permit issued by the Township may be revoked
by the Committee, after notice and a hearing, for any of the following
causes:
A. Fraud or misrepresentation in any application for a permit or license.
B. Fraud, or misrepresentation of other dishonesty in the conduct of
the licensed activity.
C. A violation of any provision of this revision.
D. Conviction of the licensee for any felony or high misdemeanor or
a misdemeanor or disorderly person's offense involving moral
turpitude.
E. Conduct of the licensed activity, whether by the licensee himself
or his agents or employees, in an unlawful manner or in a manner that
constitutes a breach of the peace or a menace to the public health,
safety or general welfare.
F. Whenever a license has been issued immediately upon an application
pending the results of the investigation provided for by this chapter,
such license may be summarily revoked if the result of the investigation
is such as would have resulted in denial of the application.
Notice of a hearing for the renewal of a license or permit shall
be given in writing by the Township Clerk. The notice shall specifically
set forth the grounds upon which the proposed revocation is based
and the time and place of the hearing. It shall be served by mailing
a copy to the licensee at his last known address by certified mail,
return receipt requested, at least five (5) days prior to the date
set for the hearing.
At the hearing, the licensee shall have the right to appear
and be heard, to be represented by an attorney, to present witnesses
in his own behalf, to cross-examine opposing witnesses and to have
a permanent record made of the proceedings at his own expense. The
Township Committee shall revoke or suspend the license if they are
satisfied by a preponderance of the evidence that the licensee is
guilty of the acts charged.
The Township Committee may issue another license to a person
whose license has been revoked or denied as provided in this section
if after a hearing they are satisfied by clear and convincing evidence
that the acts which led to the revocation or denial will not occur
again; otherwise, no person whose license has been revoked or denied
nor any person acting for him, directly or indirectly, shall be issued
another license to carry on the same activity.
The Township Committee may, by resolution, make rules and regulations
which interpret or amplify any provisions of this chapter or for the
purpose of administering the provisions of this chapter or making
them more effective. No regulation shall be inconsistent with or alter
or amend any provision of this chapter, and no regulation shall impose
any requirement which is in addition to or greater than the requirements
that are expressly or by implication imposed by any provision of this
chapter.
Every person applying for the issuance or the renewal of any
license or permit issued by, or requiring the approval of, the municipality
shall provide proof that there are no delinquent property taxes or
assessments due on the property wherein or upon which the business
or activity for which the license or permit is conducted.
If the applicant is the owner of the property, where the business
or activity for which the license or permit is sought or where the
business or activity is to be conducted, then the municipality or
the municipal officer or Township officer charged with issuing or
renewing the license or permit shall condition the issuance or renewal
of said license or permit upon the payment by the applicant of any
delinquent property taxes or assessments on the subject property.
In the event any permit holder or licensee, who is the owner
of the property upon which the licensed activity or business is conducted,
fails to pay property taxes on the property for at least six (6) months,
a notice shall be sent by the Township to said property owner advising
that if his taxes are not brought current within ninety (90) days,
then any and all licenses or permits issued by the municipality shall
immediately be suspended. Said suspension shall become effective immediately
and automatically upon failure of the property owner to bring his
taxes current within ninety (90) days from the issuance of the notice
by the Township set forth herein.
Upon payment by the licensee or permit holder of all delinquent
taxes or assessments on the property on which the licensed activity
or business is conducted said license or permit shall automatically
be restored.
The provisions of §
27-16 shall only apply in the event the licensee or permit holder is also the owner of the property upon which the licensed business or activity is conducted.
The provisions of this Article shall not apply to nor include
any alcoholic beverage license or permit issued pursuant to the "Alcoholic
Beverage Control Act," N.J.S.A. 33:1-1, et seq.