[Ord. No. 2384-13]
The purpose of this section is to provide a uniform set of procedures
for applications by and licensing of an applicant seeking to operate
and administer a Shop Local Program within the Township.
[Ord. No. 2384-13]
As referred to in this section and all applicable subsections,
the following terms shall have the following meanings:
APPLICANT
Shall mean the entity seeking a license to design, operate
and administer a Shop Local Program to stimulate local commerce by
providing property tax credits or other such rewards in connection
with purchases by taxpayer consumers made at participating merchants,
as defined herein. The term "applicant" may also refer to a licensee
after a license is awarded to an applicant pursuant to the terms of
this section.
PARTICIPATING MERCHANT(S)
Shall mean business(es) with a location in the Township,
or located outside the Township but not competing with any local business,
which voluntarily register and enter into an agreement with applicant
to participate in the Shop Local Program.
SHOP LOCAL PROGRAM
Shall mean any program whereby taxpayer consumers make purchases
at participating merchants and earn property tax credits to satisfy
a taxpayer consumer's property tax obligations to the Township, or
earn credits for check rebates for purchases made at participating
merchants.
TAXPAYER CONSUMER(S)
Shall mean Township property owners, residents, residents
of other municipalities who work in the Township, or any individual
who voluntarily registers and enters into an agreement with the applicant
to participate in the Shop Local Program and qualifies for receipt
of tax credits or rebates.
[Ord. No. 2384-13]
No person or entity shall operate a Shop Local Program within
the Township unless the entity seeking to operate same is licensed
pursuant to the terms of this section.
[Ord. No. 2384-13]
The first license granted to an applicant shall be for a term of two years from the date of issuance of the license by the Township Clerk (the "Initial Term"), after Township Council approval. After the expiration of the initial term, the license may be renewed for subsequent terms of three years, provided that applicant submits a request for renewal to the Township Clerk in accordance with Subsection
5-33.7, and same is approved by the Township Council. The three year term shall commence from the date of issuance of the license renewal by the Township Clerk.
[Ord. No. 2384-13; amended 7-11-2023 by Ord. No. 2768-23]
a. Application Fee. In order to submit an application for a license
pursuant to this section, the applicant shall remit a nonrefundable
application fee in an amount prescribed by Resolution to the Township
Clerk. This application fee shall not apply to applications for license
renewals.
b. License Fee. The applicant shall remit a fee prescribed by Resolution for the initial two-year term of its license. If the license is renewed for subsequent three-year term(s) in accordance with Subsection
5-33.5, the applicant shall pay to the Township a nonrefundable license fee in an amount prescribed by Resolution.
[Ord. No. 2384-13]
All license renewals shall be put to the Township Council for
consideration. Failure to request a license renewal, in writing, within
30 days prior to expiration of a license term shall render the applicant's
license void at the conclusion of the term.
An applicant's license may be renewed contingent upon payment
of the applicable nonrefundable license fee and the filing of:
a. A sworn statement filed with the Township Clerk that there have been
no changes in the information contained in the initial application,
which shall be filed with the Township Clerk no later than 30 days
prior to the expiration of a term; or
b. In the event of any change in information submitted with the applicant's
initial application, submission of a renewal application to the Township
Clerk for consideration by the Township Council no later than 30 days
prior to the expiration of a term.
[Ord. No. 2384-13]
An applicant's license may be revoked or suspended pursuant to the terms of this Subsection
5-33.8. In addition to the causes for revocation or suspension specified herein, the Applicant's license may be revoked or suspended by the Council after notice and a hearing for any of the following reasons:
a. Applicant fails to timely remit payments to the Township to satisfy
obligations due to the Township from taxpayer consumers.
b. Applicant does not satisfy its obligations to the Township, as set
forth in the terms of this section or in the terms and conditions
set forth in the license application as approved by the Township Council.
c. The Township learns of the existence of entry of a judgment, or an
unsatisfied judgment of record, entered against the licensee or applicant
in any suit arising from or in relation to the operation of any Shop
Local Program;
d. Applicant fails to comply with any and all applicable laws of the
State of New Jersey, the ordinances of the Township, or the rules
and regulations adopted in accordance with this section;
e. The Township learns of the intentional misrepresentation of information
on an application for a license or a request for a renewal.
[Ord. No. 2384-13]
The Township will only provide credits to a taxpayer consumer's
property tax bill after payment is received from a licensee with respect
to the specific property tax account. If the Township does not receive
payment relating to a property tax credit, whether or not such rebates
were collected by the licensee, the taxpayer consumer will be responsible
for the full amount of the property tax liability as if the credits
were never provided by the participating merchant.
[Ord. No. 2384-13]
In addition to suspension and/or revocation of any license issued hereunder, and in addition to any applicable State penalties, any violation of the provisions of this section, or any violation of the terms and conditions of the applicant's application, shall be punishable as provided in Chapter
1, §
1-5 of the Revised General Ordinances of the Township of West Orange.
[Ord. No. 2384-13]
The Township shall establish the necessary reporting requirement
for any payment of taxes made to the Township by the vendor. The Township
shall not be responsible for any impact of program participation on
mortgage escrow calculations. The Township shall not be responsible
for any changes in property ownership.
The applicant shall have the right to surrender its license
to the Township at any time, so long as it provides 90 days' notice
to the Township Clerk and Business Administrator, in writing. In such
an event, the applicant agrees to the orderly phasing out of its involvement
in the Shop Local Program, including but not limited to remitting
the balance of any and all funds due to the Township in connection
with property tax credits which may have been retained by the applicant
on behalf of taxpayer consumers.