[HISTORY: Adopted by the Board of Commissioners of the Borough of Avon-by-the-Sea 6-25-57 by Ord. No. 90. Amendments noted where applicable.]
It shall not be lawful within the limits of the Borough of Avon-by-the-Sea for any person, either directly or in-directly, to engage in or conduct any business named or described in N.J.S.A. 40:52-1 (which statute the Borough Clerk may show to applicants) unless a license therefor is first obtained from the Borough Clerk and kept in effect and the fee paid for the same.
This chapter shall not affect any business validly licensed by the Borough of Avon-by-the-Sea under any subsisting ordinance of the Borough.
For the purpose of this chapter any person shall be deemed to be engaging in business and subject to the provisions of this chapter by doing one (1) act of:
No license shall be required of any person for any delivery in the Borough of Avon-by-the-Sea of any property purchased or acquired in good faith from such person at his regular place of business outside the Borough of Avon-by-the-Sea where no intent to evade the provisions of this chapter exists.
The Board of Commissioners of the Borough of Avon-by-the-Sea may authorize the issuance of special permits, without the payment of any license fee, to any public, charitable, educational, literary, fraternal or religious organization for the operation of a temporary nonprofit enterprise for a purpose in keeping with the organization. However, application for the same shall be made in accordance with this chapter, and operation shall be in accordance with this chapter.
The Borough Clerk is hereby authorized to act as issuing authority and to issue licenses under this chapter upon compliance by the applicant with the pertinent provisions of the chapter and payment of the proper fee therefor.
All licenses granted under the provisions of this chapter shall expire on the first day of January of the succeeding year regardless of when issued. The person to whom the license is issued shall exhibit the same upon request. The said license shall be deemed applicable only to the person to whom it is issued and shall not be transferable.
The Borough Clerk shall not issue a license to any business located on premises for which the real estate taxes, water or sewer charges are delinquent. Delinquent is defined as any payment or charge which has come due and has not been paid. The Borough Clerk shall notify the applicant in writing stating the reason for the license denial and the amount of tax or water or sewer charge deficiency; and the applicant shall have ten (10) days to arrange for payment of all outstanding charges in full with good funds. Upon receipt of payment, in good funds, the Clerk may issue the license if all other requirements of the application have been fulfilled.
[Added 1-22-90 by Ord. No. 2-1990]
During the term of a license which has been issued under this chapter, should the property tax, water or sewer charges for the premises on which the business is located become delinquent, the Municipal Clerk may immediately revoke the license. Delinquent is defined as any payment or charge which has come due and has not been paid. The Clerk shall notify the license holder in writing stating the reason for the revocation and the amount due on account of delinquent taxes, sewer or water charges, and the license holder shall have ten (10) days to arrange for payment of all outstanding charges in full with good funds. After payment has been made, the license may be reinstated. Reinstatement shall require the payment of the usual license fee.
[Added 1-22-90 by Ord. No. 2-1990]
Subsections C and D above shall apply irrespective of whether the business is operated by the property owner or a tenant. Further, the Borough's ability to withhold or suspend a license shall not be effected by the existence of any dispute between the Borough and the property owner regarding any delinquent taxes or charges.
[Added 1-22-90 by Ord. No. 2-1990]
Every person required to procure a license under the terms of this chapter shall submit on the form supplied an application for the same to the Borough Clerk, accompanied by the full amount of the fee for the license. Said application shall state the nature of the business, its location, the name and address of the person to whom the license is to be issued, and, if that person is a corporation, the names and addresses of the corporate officers and registered agent upon whom process may be served, the previous license history of the applicant in this Borough and any other New Jersey municipality in which the applicant has made application for a license, including whether or not the application was refused and the reason therefor, and a statement that the applicant will not be in violation of the zoning laws of the Borough. If the applicant occupies a nonconforming use, proof of the date of occupancy and operation must be given. If the business of the licensee involves the preparation or handling of foods, a statement from a reputable physician dated not more than seven (7) days prior to the submission of the application showing the applicant to be free of infectious, contagious and communicable diseases shall accompany the application.
In addition to the requirements of Subsection A above, applicants for a license as transient merchants, hawkers, peddlers, vendors, solicitors or any similar operation whose business is not operated from a fixed and private place within the Borough shall furnish with said application a listing of all misdemeanors, felonies or violations of municipal ordinances for which the applicant has been convicted, together with the nature of the offense and the punishment assessed therefor; a statement of the nature of the business proposed to be operated and the advertising proposed to be done in order to attract customers; and such other reasonable information as to the identity or character of the applicant or the method of operation of the business as the Borough Clerk shall deem necessary and proper to fulfill the purpose of this chapter in the protection of the public.
After submission of the application and accompanying documents and fees to the Borough Clerk, the Borough Clerk shall make such investigation as may be necessary and shall approve or disapprove the application within thirty (30) days. If approved, the license shall issue forthwith. If disapproved, the applicant shall be notified in writing of the disapproval and the reasons therefor, and the applicant shall have ten (10) days from the receipt of such notice to appeal the disapproval to the Board of Commissioners who, after due hearing, shall affirm or reverse the decision of the Borough Clerk.
Applications for renewal of a license shall follow the procedure outlined for the original application.
[Added 3-23-81 by Ord. No. 7-1981]
No person shall engage in the business of purchasing precious metals or items comprised of same, gems and all forms of previously owned jewelry, either as a primary business or in connection with another business, without first having obtained a license from the Licensing Officer of the Borough of Avon-by-the-Sea.
An applicant for a license shall complete the application form available at the office of the Licensing Officer, who shall thereupon refer such application to the Chief of Police who shall conduct such investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public welfare. Upon completion of the investigation, which in no event shall take more than ten (10) days, the Chief of Police shall return the application or a copy thereof to the Licensing Officer, accompanied by his recommendations as to whether or not the license should be issued or denied. If the recommendation of the Chief of Police is to deny the license, the grounds for such recommendation shall be stated. Grounds for recommending denial of a license may include information indicating that the applicant is not of good moral character or is of questionable business responsibility, and a recommendation of denial shall be given if the applicant has been convicted of any crime involving dishonesty, fraud, deceit or misrepresentation. Upon receipt of the recommendation of the Chief of Police, the Licensing Officer shall issue or deny the license accordingly. Any person aggrieved by such denial may appeal to the Board of Commissioners, which shall hold a public hearing in connection therewith within fourteen (14) days from said appeal and which may thereafter affirm or reverse the denial.
All persons regulated by Subsection A hereof shall require of anyone offering an item for sale as set forth therein, to produce identification such as a driver's license, voter registration card or similar identification and to sign a receipt for said item and shall obtain the following information from each person offering an item for sale: name, address, sex, date of birth, social security number, if available, and physical description. A prototype form for this purpose shall be available, if desired, from the Police Department of the Borough of Avon-by-the-Sea.
All persons regulated by Subsection A hereof shall maintain records for each sale, which shall contain a description of the items purchased, any identifying numbers, a copy of the signed receipt and all information required under Subsection C hereof. These records shall be available for inspection by the Police Department of the Borough of Avon-by-the-Sea.
The fee for the initial license application shall be the sum of two hundred dollars ($200), which shall cover the cost of processing the application. Each annual renewal fee shall be the sum of twenty-five dollars ($25). If, on the effective date of this section, a person has been in business as set forth in Subsection A of this section for a period of not less than five (5) years, the fee for initial application shall be the sum of twenty-five dollars ($25), and investigation pursuant to Subsection B of this section may be waived.
For a violation of any provision of this section, the maximum penalty shall be a fine of five hundred dollars ($500), imprisonment for ninety (90) days, or both. Every day that a violation under Subsection A of this section shall continue and each violation of Subsections C and D hereof shall be deemed a separate violation.
Every licensee under this chapter shall permit reasonable inspection of his business, comply with all laws and regulations applicable to the business and avoid all unlawful or unnecessary practices or conditions which may affect the public health or welfare. The license issued may be revoked by the Board of Commissioners, after notice and hearing, for fraud or misrepresentation in the application, fraud or misrepresentation in the conduct of the business, violation of this chapter, conviction of the licensee of any felony or misdemeanor subsequent to the issuance of the license or conduct of the licensed business in any unlawful manner or in such manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
[Amended 3-13-89 by Ord. No. 4-1989]
The license fees to be paid for conducting the business herein licensed shall be as follows:
[Amended 5-24-82 by Ord. No. 8-1982]
Retail businesses, in which products or services are sold to or performed for a customer directly, annually: twenty-five dollars ($25).
Wholesale businesses, in which products or services are sold or performed for resale, annually: fifty dollars ($50).
Manufacturing businesses, annually: one hundred dollars ($100).
There will be a late charge of five dollars ($5) applied to the cost of any of the above licenses if not renewed by April 1 of the year in which said license is being renewed.
[Added 2-11-91 by Ord. No. 3-1991; amended 3-27-95 by Ord. No. 7-1995]
[Repealed 4-11-88 by Ord. No. 5-1988]
The receipt of a license under this chapter shall not be deemed permission to operate a business in the Borough where it is excluded, either specifically or by interpretation, by the Borough Zoning Laws or any other ordinance of the Borough.
[Amended 8-27-79 by Ord. No. 7-1979]
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than ninety (90) days, or both, and each day that a violation is permitted to exist shall constitute a separate offense.