Township of Edgewater Park, NJ Mercantile Licensing

Except those operations expressly regulated under Article I, Licensing and Regulation, of Chapter 130, Alcoholic Beverages; Chapter 134, Amusement Devices; Chapter 152, Autobuses; Chapter 211, Day-Care Centers, Nurseries and Kindergartens; Article I, Peddlers, Hawkers, Solicitors and Canvassers, and Article II, Transient Merchants, of Chapter 379, Peddling and Soliciting; Chapter 390, Precious Metals and Gems; and Chapter 530, Wreckers and Towers, herein, all kinds of vocations, occupations, professions, enterprises, establishments and all other kinds of activities and matters, conducted for private profit or benefit, either directly or indirectly, and which maintain an office, retail store, or other physical location for an indefinite period of time within the Township and which the Township has authority to license and regulate.

THE TOWNSHIP

The Township of Edgewater Park

§ 326-3 Applications.

There is no fee for timely submitting a mercantile licensing application. Annual licenses shall expire at 12:00 midnight on December 31 in the year when issued, unless another expiration date has been expressly provided on the license. Renewal of licenses shall be made not later than December 1 of the year of issue. Late renewal applications will be subject to a penalty in the amount of $25.

An applicant for a license under this chapter shall file an application with the Municipal Clerk unless otherwise stated and shall give the following information:

(1)

Name, physical description and permanent and local address of the applicant. If the applicant is a corporation, the name and address of its registered agent and a copy of its certificate of incorporation;

(2)

The address and description of the premises;

(3)

If a vehicle is to be used in furtherance of the licensed activity, provided the vehicle is not the primary location of the operation, its description, including the license number;

(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 will be conducted;

(6)

A description of the nature of the business and the goods, property or services to be sold or supplied;

(7)

The source of supply of the goods or property or services proposed to be sold, where such goods, services or products are located and the method of delivery;

(8)

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;

(9)

If previously convicted of any crime or the violation of any municipal ordinance, appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate his/her character and responsibility.

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 subsection relating to each employee or agent who shall engage in the licensed activity and shall be signed by each employee or agent.

When submitting the information described in this section, the applicant shall certify that such information is supplied to the Township of Edgewater Park with full understanding that the Township shall rely upon the accuracy of the facts set forth therein in granting the mercantile license. By its submission for a mercantile license, the applicant further agrees to comply with the laws and ordinances of the Township of Edgewater Park applicable to the operation of said business.

The Township may create an electronic registration system to administer applications.

§ 326-4 Contents of license and conditions of issuance.

Licenses shall be in a form which the Mayor and Committee shall prescribe by resolution and shall contain the following:

(1)

The name and address of the licensee;

(2)

The number and type of the license and the nature of the licensed activity;

(3)

The address at which the licensed activity is conducted;

(4)

The expiration date of the license;

(5)

Any other appropriate information which the Mayor and Committee may, by resolution, require.

It shall be a condition of the issuance of any and all licenses under the provisions of this chapter that said business shall be used and operated only for lawful purposes and not in violation of any other ordinances of the Township of Edgewater Park.

§ 326-5 Display of license.

When the licensed activity is conducted at a fixed location the license shall be prominently displayed at the location.

§ 326-6 Transferability of license.

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 Mayor and Committee by resolution. Any person, firm or corporation receiving a license pursuant to this chapter shall notify the Township Clerk within 10 days after a change in the location of any licensed business.

§ 326-7 Revocation of license; appeals.

The Township Clerk shall have the right to revoke any license whenever the holder thereof or any of the licensee's agents, employees or servants violates any provision of this chapter, the laws of the State of New Jersey or any rules or regulations promulgated as herein provided. After written notice of the revocation has been served upon the licensee, an appeal may be filed to the Township Committee within 10 days of service of said notice. The Township Committee shall thereon conduct a hearing of the matter within 30 days after receipt of the notice of appeal and shall render a decision within 15 days of such hearing.

Causes. Any license or permit issued by the Township may be revoked after notice and a hearing for any of the following causes:

(1)

Fraud or misrepresentation in any application for a permit or license;

(2)

Fraud, misrepresentation or other material misrepresentation made in the conduct of the licensed activity;

(3)

A violation of any provision of the Municipal Code or state or federal law;

(4)

Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude;

(5)

Conduct of the licensed activity, whether by the licensee or his/her 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.

Notice of hearing. Notice of hearing for the revocation 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/her last-known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.

Hearing; determination. 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/her own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his/her own expense. The Committee shall revoke or suspend the license if it is satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged.

Reinstatement of revoked license. The Committee may issue another license to a person whose license has been revoked or denied if, after hearing, it is 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/her, directly or indirectly, shall be issued another license to carry on the same activity.

§ 326-8 Rules and regulations.

Every person to whom a license is issued under the terms of this chapter shall be governed by the following rules and regulations:

No person, subject to the terms of this chapter, shall enter or attempt to enter the house of any resident in the Township without an express invitation from the occupant of the house.

No person, subject to the terms of this chapter, shall conduct himself/herself in such a manner as to become objectionable to or annoy an occupant of any house.

§ 326-9 Enforcement.

The Clerk, any code enforcement official or any other appropriate Township official shall enforce the provisions of this chapter.

§ 326-10 Exceptions.

The provisions of this chapter shall not apply to the following:

Any person who has been honorably discharged from the active military service of the United States, who is a resident of this state, and every exempt member of a volunteer fire department, volunteer fire engine, hook and ladder, hose, supply company or salvage corps, of any municipality or fire district in this state, who holds an exemption certificate issued to him as an exempt member of any such department, company or corps, and who is a resident of this state, provided that any such person shall have been issued a license pursuant to N.J.S.A. 45:24-9 et seq. Such person shall be required to comply with all other applicable provisions of this chapter;

Any person engaged in the delivery of goods, wares or merchandise or other articles or things in the regular course of business to the premises of persons who had previously ordered the same or were entitled to receive the same by reason of a prior agreement;

Any person under 18 years of age;

Federal census takers and polls or surveys taken pursuant to federal, state or local laws.

§ 326-11 Use of public streets prohibited.

No licensee under this chapter shall have any exclusive right to any location on any public street, nor shall any licensee be permitted a stationary location or be permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets. All activity that will occur in the street or right-of-way must first receive zoning approval and submit an application for a permit.

§ 326-12 Violations and penalties.

It shall be unlawful for any person, firm or corporation to maintain an office or place of business, to conduct, engage in or carry on any business, trade or occupation within the Township of Edgewater Park, without first complying with the provisions of this chapter and obtaining a license therefor as provided herein.

It shall be unlawful for any person, firm or corporation to conduct business within the Township of Edgewater Park in a manner inconsistent with the license issued by the Township or to conduct business within the Township of Edgewater Park in a manner which is an unauthorized expansion of the business purpose or premises as licensed by the Township.

It shall be unlawful for any person, firm or corporation to maintain an office or place of business or to conduct, engage in or carry on any business, trade or occupation within the Township of Edgewater Park in violation of any applicable land use ordinance.

Any person, firm, association or corporation violating any section of this chapter shall, upon conviction in the Municipal Court, be subject to the penalties set forth in Chapter 1, Article II, General Penalty, of the Code of the Township of Edgewater Park.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III]

§ 326-13 Records.

The Municipal Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Mayor and Committee and shall contain the same information as is required by § 326-4 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 Mayor and Committee may, by resolution, require.

§ 326-14 Cannabis establishments.

[Added 7-20-2021 by Ord. No. 2021-12]

The regulations of this section are subject to the enabling authority of the State of New Jersey and are subject to compliance with all statutes and/or regulations adopted by the State of New Jersey or its instrumentalities, including the Cannabis Regulatory Commission. If any provision of this section is inconsistent with state statutes and/or regulations, the state statutes and/or regulations shall prevail.

Definitions.

CANNABIS ESTABLISHMENT

A cannabis supplier or cannabis retailer.

CANNABIS RETAILER

A state-regulated cannabis retailer, medical cannabis alternative treatment center, or clinical registrant, which shall possess prior to commencing operations one of the classes of permit or permit endorsement issued by the State of New Jersey that authorizes the dispensation, sale, or distribution of cannabis or cannabis-derived or infused products and/or related clinical research, provided that such facility shall not cultivate, manufacture, process, or wholesale cannabis or cannabis products from such facility.

CANNABIS SUPPLIER

A state-regulated cannabis grower, also referred to as a cannabis cultivation facility; a cannabis processor, also referred to as a cannabis product manufacturing facility; a medical cannabis alternative treatment center; or a clinical registrant, all of which shall possess prior to commencing operations one of the classes of permit or permit endorsement issued by the State of New Jersey that authorizes such cannabis establishment to cultivate, manufacture, process, wholesale, and/or study or research cannabis or cannabis-derived or infused products, provided that such facility shall not dispense, sell, or distribute cannabis or cannabis products from such facility.

Licensing.

(1)

Local licensing authority.

(a)

The Township Administrator is hereby designated to act as the local licensing authority for the Township for all cannabis establishments. Under all circumstances in which state law requires communication to the Township by the Cannabis Regulatory Commission or any other state agency with regard to the licensing of cannabis establishments by the state, or in which state law requires any review or approval by the Township of any action taken by the state licensing authority, the exclusive authority for receiving such communications and granting such approvals shall be exercised by the Administrator.

(b)

Under no circumstances shall a cannabis establishment be premised to register as a business within the Township of Edgewater Park until or unless the State has issued the requisite permits or licenses to operate such a facility. It is the intent of this chapter that no cannabis establishment may lawfully operate in the Township of Edgewater Park without the issuance of a state permit or license and full regulatory oversight of the cannabis establishment by the Cannabis Regulatory Commission or other state licensing authority as well as oversight by the Township and registration of the establishment as a business in the Township.

(2)

Licenses permitted; maximum number.

[Added 8-15-2023 by Ord. No. 2023-09]

(a)

As of the effective date of this subsection, no more than three cannabis licenses shall be permitted within the Township.

(b)

Notwithstanding the foregoing numerical limitation on cannabis licenses, in the event any of the three cannabis establishments who are currently licensed or are pending applicants for cannabis licensure, as of the effective date of this subsection, shall either: i) have such license revoked; ii) surrender or otherwise cease operations under such license; or iii) fail to obtain New Jersey Cannabis Regulatory Commission approval for such license by January 1, 2024, or the renewal of such license, then no more than two cannabis licenses shall be permitted in the Township.

(c)

For the purposes of this subsection:

[1]

A "currently approved" licensee shall mean any entity who has been issued a license by the New Jersey Cannabis Regulatory Commission as of the effective date of the amendment to this subsection.

[2]

A "pending applicant" shall mean any entity who has received a letter of support for a cannabis license from the Township as of the effective date of this subsection.