[1972 Code § 6-1.1]
The purpose of this section is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses
issued by the Township of West Orange, except alcoholic beverage licenses
and dog licenses.
[1972 Code § 6-1.2]
Except where otherwise provided all applications for licenses
shall be accompanied by the required fee and shall be made to the
Township Clerk upon forms provided by him or her, and shall contain
the following information:
a.
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, its 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 of 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
or her character and responsibility.
i.
The applicant shall be fingerprinted if the Chief of Police determines
that fingerprints are necessary for proper identification. Fingerprint
records shall be immediately processed for classification and identification.
j.
Applications by partnerships shall be signed by all partners with
the information required by this subsection 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.
k.
Two photographs, not over one year old, showing applicant's face,
front and profile, of a minimum size of 1 1/2 inches by 1 1/2
inches. The photographs shall be affixed to the application.
[1972 Code § 6-1.3]
Each application shall be referred to the Chief of Police or
a Police Officer designated by the Chief, who shall immediately institute
whatever investigation of the applicant's business responsibility,
moral character and ability to properly conduct the licensed activity
as he or she considers necessary for the protection of the public.
He or she shall communicate his or her findings in writing to the
Township Clerk within a reasonable time after the application has
been filed. The the investigator decides that the applicant's character,
ability or business responsibility are unsatisfactory, or the products,
services or activity are not free from fraud, he or she shall disapprove
the application and the Clerk shall refuse to issue the license and
shall so notify the applicant. Otherwise, the Township Clerk shall
issue the license immediately, provided the required license fees
have been paid except in cases where approval of the Mayor and Council
is required. In the case of an application for a peddler'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 Council for hearing. The appeal shall be filed,
in writing, with the Township Clerk within 14 days after notification
of the refusal. The Council shall hold its hearing within 10 days
thereafter. The decision of the Council shall be final.
[1972 Code § 6-1.4]
Licenses shall be in a form which the Council shall prescribe
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.
The expiration date of the license.
f.
Any other appropriate information which the Mayor and Council may,
by resolution, require.
[1972 Code § 6-1.5]
The Township Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Council and shall contain the same information as is required by Subsection 5-1.4 to be contained in the license. It shall also indicate the amount of the fee paid for the licenses, 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 Council may, by resolution, require.
[1972 Code § 6-1.6]
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 or her possession at all times and shall display
it upon the request of any Police Officer or any person with whom
he or she is doing business.
[1972 Code § 6-1.7]
Every 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, by resolution,
of the Council. The fee for the transfer of a license from place to
place shall be $5.
[1972 Code § 6-1.8]
a.
Except where expressly provided otherwise, all licenses shall expire
on December 31 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 1/2 a month shall be considered as a full
month for this purpose.
[1972 Code § 6-1.9]
Any license or permit issued by the Township may be revoked
by the Council 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, misrepresentation or 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 or by his
or 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.
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.
[1972 Code § 6-1.10]
Notice of a 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 or her last known address
by certified mail, return receipt requested, at least five days prior
to the date set for the hearing.
[1972 Code § 6-1.11]
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 or her own behalf, to cross-examine opposing witnesses and to
have a permanent record made of the proceedings at his or her own
expense. The Council 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.
[1972 Code § 6-1.12]
The Council may issue another license to a person whose license
has been revoked or denied as provided in this section if after 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 or her, directly or indirectly, shall be issued another
license to carry on the same activity.
[1972 Code § 6-1.13]
The Council may, by resolution, make rules and regulations which
interpret or amplify any provision of this section or for the purpose
of administering the provisions of this section or making them more
effective. No regulation shall be inconsistent with or alter or amend
any provision of this section 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 section.
[1972 Code § 6-1.14; Ord. No. 250-73; Ord. No. 1288-94 § 1-5]
The following is a Schedule of Fees for permits and licenses
not provided for elsewhere in this revision. The initial application
for permits and licenses pertaining to amusement devices shall be
accompanied by a $100 per location fee in addition to the fees hereinafter
provided.
a.
Automatic amusement games, $250 per year.
b.
Blasting, $50 per month, $200 annual.
c.
Circulars and handbills, $20 per person per day.
d.
Driving ranges and miniature golf courses, $200 per year.
e.
Junk dealer, $100 annual.
f.
Pawnbroker, $100 annual.
g.
Pool and billiard tables, $15 per year.
h.
Shuffleboard, (not coin operated), $20 per year.
i.
Tank trucks, $100 per year.
