[Ord. No. 89-23, § 25A-1; Ord. No. 99-10, § I]
This section shall be known as the "Business Licensing Regulations"
of the Township of Millstone.
[Ord. No. 89-23, § 1; Ord. No. 99-10, § I]
The purpose of this section is to require the annual licensing
by the Township of all businesses operated from within the Township.
Such licensing will allow the Township to be informed of the type
and extent of the commercial activities taking place within the Township,
as well as, the parties responsible for such activity. In addition,
it will provide a registry of contact persons in the event some emergency
should arise during hours when the business is not operating and/or
no one is in attendance at the business. No inspections are required
hereunder. Inspections are permissive to verify the accuracy of the
information provided in the application.
[Ord. No. 89-23 § 25A-3; Ord. No. 99-10 § I; Ord. No. 99-22 § I; Ord.
No. 13-06; Ord. No. 2018-01]
The annual issuance of a license is required for the maintenance,
operation or conduct of any business or establishment or for doing
business or engaging in any activity or occupation except the following:
a.
Residents holding a yard sale or garage sale.
b.
Roadside farm market.
c.
Farms, except retail landscaping businesses.[1]
|
Any other person, partnership, corporation or other entity shall
be subject to the requirement, if, by himself/herself or through an
agent, employee or partner, he/she holds himself/herself forth as
being engaged in the business or occupation, advertises or solicits
patronage therefor, actively or passively, or performs or attempts
to perform any part of such business or occupation in the Township.
Each license shall have a term of one year, commencing January 1.
|
[1]
Editor's Note: Former Subsection d, regarding licenses and
certificates issued by any state department, board, commission or
agency, was repealed 10-11-2022 by Ord. No. 22-16
[Ord. No. 89-23, § 25A-2; Ord. No. 99-10, § I; Ord. No. 99-22, § I]
a.
Applications for all licensing required by this section shall be
made, in writing, to the Township Clerk on or before January 1 of
each calendar year. Each application shall contain the following information:
[Amended 10-11-2022 by Ord. No. 22-16]
1.
The name of the applicant; if a corporation, the names and addresses
of the President and secretary shall be set forth; if a partnership,
the names and addresses of all partners shall be set forth; if a limited
liability company, the name and address of the managing member shall
be set forth;
2.
The name under which the business is to be conducted;
3.
The present residence of the applicant;
4.
The address at which the business is to be conducted;
5.
The specific nature of the business, including type of products or
services offered for sale, number of employees, square footage occupied
for retail use, wholesale use, warehousing and storage, manufacturing
and assembly;
6.
The residence of the applicant during the past five years;
7.
The business telephone number of the applicant;
8.
The telephone number at which the applicant can be reached during
non-business hours in the event of an emergency;
9.
If a corporation, the name and address of the registered agent thereof;
10.
A statement that the applicant has complied with the laws of the
United States of America, the State of New Jersey and the Ordinances
of the Township of Millstone providing regulations respecting the
safety of persons who may have occasion to use the premises, place
or business licensed.
b.
In the event that there is a change in ownership of the business,
a change in the location of the business or a change in the business
at a particular location, then the person, firm, entity or corporation
operating the business shall be required to file a new registration
with the Township Clerk under the terms of this section.
[Ord. No. 89-23, § 25A-4; Ord. No. 99-10, § I]
All businesses licensed hereunder shall pay the license fee listed in Section 5-4.
[Ord. No. 99-10, § I]
Upon filing of a completed application with attached Tax Collector
Certification and payment of the required fee, the Township Clerk
shall issue a license on such form, 8 1/2 inches by 11 inches,
as shall be adopted by the Township Clerk's Office. The license shall
be displayed at the place of business in a place which is visually
prominent for the consuming public.
[Ord. No. 89-23, § 25A-5; Ord. No. 99-10, § I]
Township Officials are hereby authorized to make reasonable
inspections of the businesses subject to this section during business
hours to determine the accuracy of the information set forth in the
application for license and to verify display of the license.
[Ord. No. 89-23, § 25A-6; Ord. No. 99-10, § I]
For a violation of any provision of this section, the maximum penalty, upon conviction, shall be that stated in Chapter 1, Section 1-5. Nothing herein shall be construed as limiting the recourse of the Township to seek any and all other civil remedies and penalties as may be applicable to a violation hereunder.
[Added 10-11-2022 by Ord. No. 22-16]
a.
The owner
of a business shall maintain liability insurance for negligent acts
and omissions in an amount of no less than $500,000 for combined property
damage and bodily injury to or death of one or more persons in any
one accidence or occurrence.
b.
The owner
of a business shall annually register the certificate of insurance
demonstrating compliance with this section along with the annual business
license application.
c.
Any owner
of a business who fails to maintain the liability insurance required
by this section or who fails to annually register the certificate
of insurance required by this section shall be subject to a fine of
not less than $500 but no more than $5,000.
[1]
Editor's Note: Former Section 4-2, Peddlers, Hawkers and Vendors,
previously codified herein and containing portions of 1971 Code §§ 43-1
— and Ordinance Nos. 7-7-75 and 91-90 was repealed by Ordinance
No. 98-24.
[Ord. No. 02-23]
The Township has received several requests for the holding of
legalized games of chance on Sunday within the Township.
[Ord. No. 02-23]
Before approving the holding of such legalized games of chance
on Sunday, the Township Committee, by law, must pass the appropriate
ordinance.
[Ord. No. 02-23]
The proceeds of such games in the past have been utilized to
sponsor charitable and humanitarian causes.
[Ord. No. 02-23]
It is the opinion of the Township Committee that the holding
of such games will not be detrimental to the interests of the residents
of the Township.
[Ord. No. 02-23]
The Township Committee ordains that legalized games of chance
on Sunday shall be allowed within the Township subject to such approvals
of the Township Committee as are required by law.
[Ord. No. 02-23]
A copy of this ordinance, certified to be a true copy, shall
be forwarded to the Legalized Games of Chance Commission of the State
of New Jersey.
[1971 Code § 36-1; Ord. No. 89-6, § 1]
No person shall engage in the business of keeping a junkyard; that is, no person shall keep and maintain a yard, covered or uncovered space or place, structure, edifice, house or building of any kind in the Township for the purpose of auto wrecking; or buying or selling, exchanging or storing of rags, old and secondhand bottles, metals, glassware, tinware, paper, lumber, plumbing fixtures, old rope, broken or dismantled machinery, dismantled automobiles or parts thereof, secondhand automobiles, motor vehicle junk, old, secondhand buildings or structures of any kind or any other old or secondhand material commonly called "junk" or "rubbish", without being licensed to do so by the Township Committee. The nonrefundable fee stated in Section 5-4 shall be charged for such license, and shall accompany the application for the license.
[1971 Code § 36-8]
The application shall state specifically the kind of junk intended
to be stored, kept and/or maintained on the yard, i.e., such as cars,
old buildings, scrap iron, etc., for which material the application
is made. The type of material cannot be changed without additional
permission received from the Township Committee.
[1971 Code § 36-5; Ord. No. 89-6, § 1]
The number of junkyard licenses in the Township in effect at
the same time shall not be more than one. No new junkyards may be
created unless the Zoning Ordinance is amended to specifically allow
a junkyard as a permitted use.
[Ord. No. 90-03, § 5]
In the event that a license hereunder is allowed to lapse, or is revoked, within 60 days of the date of expiration of the old license, or revocation of the license, the former licensee shall have all of the articles of junk including motor vehicles and parts of motor vehicles removed from the premises, unless within such sixty-day time period the applicant shall have received a license. Nothing herein shall prevent the Township from issuing summonses or taking such other action as it deems appropriate within such sixty-day period as a result of former licensee's operating, maintaining and/or keeping of a junkyard without a license in violation of subsection 4-3.1 of this section.
[1971 Code § 36-6]
Licenses may not be transferred from one holder to another without
special permission obtained first by application made to the Township
Committee therefor.
[1971 Code § 36-7; Ord. 4-28-71]
The procedure for the approval by the Township Committee for
the transfer of a license shall be as follows: The applicant shall,
at least seven days prior to the time appointed for a hearing, give
personal notice to all owners of properties situate within or without
the municipality and within 200 feet of the outer boundaries of the
property to be affected by the licensed premises. Such notice shall
be given either by handing a copy to the property owners or by leaving
a copy thereof at their usual place of abode if the owners are occupants
of the property affected by such application or are residents of the
municipality in which the property is located. Whenever the owners
are nonresidents of the municipality, such notice may be given by
sending written notice thereof by registered mail or certified receipted
mail, at least seven days prior to the hearing, to the last known
address of the property owner or owners as shown by the most recent
tax list of Millstone Township. Where the owner is a partnership,
service upon any partner as above provided shall be sufficient, and
where the owners are corporations, service upon any officer as above
set forth shall be sufficient. The applicant shall, by affidavit,
present satisfactory proof to the Township Committee at the time of
the hearing of the application for license that the notices have been
duly served as aforesaid. Upon the hearing, any party may appear in
person or by agent or by attorney. Consent in writing by any such
person entitled to be notified shall relieve the necessity of his
being notified as above provided.
[Ord. No. 90-03, § 4]
In addition to any other action which the Township may be entitled
to initiate, in the event a licensee fails to abide by all provisions
of this section, the license issued to such licensee shall be subject
to revocation upon 10 days' written notice served upon the licensee
by certified mail, return receipt requested at the address set forth
in the most recent application for a junkyard license. The notice
sent shall set forth the provision or provisions of the section which
are alleged to have been violated. If, within 10 days of the date
that the notice is mailed, the licensee has not corrected the violations
or requested, in writing, a hearing before the Township Committee
relating to the question of whether or not the violations exist, the
license shall be deemed revoked.
In the event the licensee requests a hearing as set forth above,
the Township Committee shall advise the licensee of the date and time
of the hearing. Pending the hearing, the license shall not be deemed
revoked.
Once a license is revoked, there shall be no reinstatement without
a new application for the issuance of a license being filed.
[1971 Code § 36-2; Ord. No. 90-03, § 2]
Such part of the premises dedicated to use as a junkyard shall
not be located nearer than 200 feet to any street, highway or adjoining
property line, and the business shall be maintained only so long as
the same is enclosed by a fence at least eight feet in height and
so constructed that the business shall not be visible from the exterior
and so long as the fence is kept in good repair and painted white
or dark green. The location of the required fencing shall adhere to
the setback requirements set forth in this subsection.
[1971 Code § 36-3]
Such premises shall not be located nearer than 500 feet to any
dwelling house, place of residence, church, school, auditorium, public
eating place, chicken farm, dairy farm, place of public gathering
or like place.
[Ord. No. 89-6, § 1; Ord. No. 90-3, § 3]
Every junkyard licensee is required to keep a written book or
record at the licensed premises which shall at all times be open to
inspection by any official of the Township, including Police Officers,
health inspectors, members of the Board of Health, or any other law
enforcement agency or agent. The licensee shall currently and daily
record in the book the description of all articles of junk purchased,
including vehicles and parts of vehicles, the date purchased, and
the name and address of the person from whom purchased. No licensee
shall at anytime trade with or make a purchase from any person under
the age of 18 years.
In addition to the foregoing record book, each licensee shall
maintain a log relating to each vehicle towed to or brought to the
licensed premises. The log shall be on the form as adopted and amended
by the Township Committee by resolution. Such form and instructions
for completing the form shall be available in the Township Clerk's
office. Each licensee shall file the log with the Township Clerk on
each January 1, April 1, July 1, and October 1 of each year showing
all activity at the licensed premises since the last filing.
[1971 Code § 36-4; Ord. No. 89-6, § 1]
[1971 Code § 40-1; Ord. No. 2014-14; Ord. No. 2016-12]
a.
No person shall maintain, conduct, promote or operate on any lands
or premises within the Township other than in established auditoriums
or other places licensed or permitted for public occupancy as limited
by law or zoning, any use thereof for the purposes of mass musical,
public entertainment or amusement of various designations or participation
therein, including, but not limited to, "pop festival," "rock music
festival," "rock festival," "jazz festival," "rock and roll music
festival," "music festival," "recorded music," "mansion party," "rehab
party," "pool party" or other such combinations thereof, except pursuant
to a special permit issued therefor by the Township as hereinafter
provided.
b.
No owner, lessee, licensee or other person having any right to or interest in any real property within the jurisdiction of the Township shall license, rent, lease or otherwise permit the use of such real property or any part thereof for the use of mass musical, public entertainment or amusements of various designations or participation therein as defined under subsection 4-4.1a above, other than in established theaters, auditoriums or other places licensed for public occupancy as limited by law, except pursuant to a special permit issued therefor by the Township Committee as hereinafter provided.
c.
No mass musical, public entertainment or amusements as defined in subsection 4-4.1a as set forth in this section shall be permitted at any residence for a fee or charge or to promote the sale or use of any product or service including a contribution to a charitable organization, unless such event is run by an IRS Code Section 501(c)(3) organization.
d.
No party, private or open to the public for which no fee or charge
is required and is to be attended by more than 150 people, including
any residents of a home, employees, agents, entertainers, DJs, caterers
or servers shall be permitted without a permit under this section.
[1971 Code § 40-2; New; Ord. No.
2014-14; Ord. No. 2016-12]
The Township Committee may issue a special permit herein upon written application made by such person who proposes to maintain, conduct, promote or operate such mass musical, public entertainment or amusement, as defined in subsection 4-4.1a, or private party, as defined in subsection 4-4.1d or participation therein together with the owner, lessor or licensor who proposes to rent, lease, license or otherwise permit such mass musical or public entertainment or participation therein, all hereinafter designated as "applicant."
a.
Application Procedure.
1.
The applicant shall file a verified application with the Township
Clerk at least 60 days prior to the date or dates upon which such
event is to take place.
2.
The application shall be signed by all persons actually in charge
of the event, and the property owners on whose property the proposed
event is to take place.
4.
The application shall further state in specific detail what provisions
are proposed for the accommodation of the persons attending, in the
following particulars:
(a)
Food and drink.
(b)
Shelter (if overnight stay is requested).
(c)
Toilet and other sanitary facilities.
(d)
Medical and hospital care, including first aid and ambulance
service.
(e)
Parking of cars, indicating parking areas and means of ingress
and egress.
(f)
Public safety, indicating the kind and number of guards or special
police assisting in the control of traffic and supervision of those
attending the event.
5.
Each application shall have attached thereto the written recommendations
of the following with respect to the adequacy of the provisions proposed
under the items set forth in subparagraph 4 above:
b.
The Township Committee, after public hearing thereon held within
30 days after submission of such application, held pursuant to the
publication of a notice of hearing published at least once in the
official newspaper of the Township at least 10 days prior to such
hearing, after considering the application and after causing due investigation
and report to it, and after considering the facts and circumstances
in the premises, and after giving due regard to the recommendations
of the State Police, the Fire Chief, the Sanitation Officer, the Board
of Health and the Township Engineer, may issue a special permit upon
such terms and conditions as it deems necessary and proper to ensure
the public health, safety and welfare.
c.
The applicant, prior to the event, shall post a bond suitable to
the Township Committee as to amount and surety, to ensure cleanup
and restoration of the area at which such event takes place within
48 hours after the close of the event.
e.
No permit shall be issued for any site that has outstanding enforcement
actions for ordinance violations or building code and subcode violations.
[1971 Code § 40-3; New; Ord. No.
2014-14; Ord. No. 2016-12]
This section shall not be applicable where there are less than 150 people attending such an event as defined in subsection 4-4.1a above or there are less than 150 people for any event as defined in subsection 4-4.1d above and where such event does not exceed a period of more than four consecutive hours between the hours of noon and 9:00 p.m. prevailing time, and provided further that the New Jersey State Police, Hamilton Barracks and the Township Clerk are notified of the event at least 48 hours in advance thereof by written notice duly receipted by the New Jersey State Police, Hamilton Barracks.
[1971 Code § 40-5]
Nothing contained herein shall be deemed or construed so as
to prevent the enforcement of any other remedy at law, concurrent
or otherwise, available to the Township or other law enforcement authority
to avoid or prevent any violation or attempted violation of this law,
such as, but not limited to, an injunction or restraining order.
[1971 Code § 40-6]
This act is in addition to any other law, ordinance or regulation
affecting the subject matter herein and is not in limitation thereof.
[1971 Code § 40-4]
[Ord. No. 93-20, § I; Ord. No. 2017-14]
As used in this section:
a.
APPLICANT – Means a person, partnership, corporation or company.
b.
SOLICITOR – Means a person, also known as a canvasser not covered by Section 4-6 hereof, whether a resident of the Township or not, traveling either by foot or automobile or any other type of conveyance, from place to place, from house to house or from street to street, to take or attempt to take orders for sale of goods, wares, merchandise, personal property of any nature whatsoever for present or future delivery, or for services to be furnished or performed presently or in the future, whether or not the individual has, carries or exposes for sale a sample of the subject of the sale, and whether or not he accepts an advance payment for the goods or thing. Any person taking a poll or a survey from house to house or on the streets, or distributing advertisements or handbills is included.
[Ord. No. 93-20, § I]
It shall be unlawful for any solicitor or canvasser to engage
in such business within the Township without first obtaining a license.
[Ord. No. 93-20, § I]
This section shall not apply to any person who has obtained a charitable or political solicitor's license in accordance with Section 4-6.
[Ord. No. 93-20, § I; Ord. No. 98-24, § I; Ord. No. 12-16; Ord. No.
2017-14]
All applications for licenses for a solicitor shall be accompanied
by the required fee, a valid certificate of authority issued pursuant
to N.J.S.A. 54:32B-8.2, empowering the solicitor to collect sales
tax, and shall be made to or through the Township Clerk upon forms
provided by that office. Applications shall contain the information
specified below:
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.
Where the goods or products are manufactured or produced, where such
goods or products are located at the time the application is filed
and the proposed method of delivery.
h.
A statement as to whether the applicant has ever 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.
i.
Appropriate evidence as to the good character and business responsibility of the applicant as set forth in subsection 4-5.4A below, so that an investigator may properly evaluate his character and responsibility.
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.
[Ord. No. 12-16]
a.
Each applicant for a license shall secure through a private agency
a criminal history background check, conducted not more than 14 days
prior to the filing of the application. Such criminal history background
check must be submitted, as part of the application, directly from
the private agency to the Township Clerk. The Township Clerk will,
within five business days of receipt of same, forward the criminal
history background check to the New Jersey State Police. The criminal
history background check shall be in sufficient detail and scope to
reveal any criminal history record with the State Bureau of Investigation
or with the Federal Bureau of Investigation and to allow the New Jersey
State Police to reach an informed decision as required below.
b.
Each application shall be referred by the Township Clerk to the New Jersey State Police, who shall immediately institute an investigation of the applicant's business responsibility, moral character and ability to properly conduct the licensed activity the investigator considers necessary for the protection of the public. The New Jersey State Police shall communicate its findings to the Township Clerk within a reasonable time after the application has been filed. If the investigator from the New Jersey State Police decides that the applicant's character, ability or business responsibility is unsatisfactory, or the products, services or activity are not free from fraud, the investigator shall disapprove the application and the Township Clerk shall refuse to issue the license and shall so notify the applicant. Otherwise, the Township Clerk shall issue the license immediately, provided the rest of the requirements in subsection 4-5.4 above have been satisfied, except in cases where approval of the Township Committee is required. In the event of the refusal of the issuance of a license, the applicant may file an appeal to the Township Committee for a hearing. The appeal must be filed, in writing, with the Township Clerk within 14 days after notification of the refusal. The Township Committee shall hold its hearing within a reasonable time but not less than 45 days thereafter, and its decision shall be final.
[Ord. No. 93-20 § I; Ord. No. 13-26; Ord. No.
2017-14]
[Ord. No. 93-20, § I]
The Township Clerk shall keep a record of all licenses issued
under this section. The record shall 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 and whether the license is a new
license or a renewal.
[Ord. No. 93-20, § I]
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 Township official, police officer or any
person with whom he is doing business.
[Ord. No. 93-20, § I]
Licenses shall apply only to the person to whom issued and only
to the premises and location stated in the application. A separate
license must be obtained for each employee and each separate place
of business. Licenses may be transferred only by special permission
of the Township.
[Ord. No. 93-20, § I; Ord. No. 12-16]
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 previous issue.
[Ord. No. 98-24, § I]
No solicitor shall have any exclusive right to any location,
shall not operate or conduct any of his/her business from a fixed
location, nor shall be/she be permitted to operate in any congested
area where his operations might impede or inconvenience the public.
For the purposes of this section, the judgment of a police officer,
exercised in good faith, shall be deemed conclusive as to whether
the area is congested or the public impeded or inconvenienced. As
used herein, a solicitor shall be deemed to be operating from a fixed
location if he/she has been in the same location, or one within 200
feet in any direction of the location, or remains on the same lot
for more than 30 consecutive minutes.
[Ord. No. 93-20, § I]
Every person issued a license under this section shall conduct
himself/herself according to the following code of conduct:
a.
He/she shall not enter or remain upon any resident's property upon
which it is posted that solicitors are not permitted or notice of
similar content.
b.
He/she shall not enter or attempt to enter any dwelling unit without
express invitation from the occupant therein.
c.
He/she shall immediately leave the resident's property upon request
by the resident to do so.
d.
He/she shall not leave on or about the resident's property any circular,
samples or other matter or material unless same is handed to an occupant
of the property.
e.
He/she shall not indicate that the Township endorses or sponsors
any goods, product or service offered for sale.
f.
He/she shall not make false claims, misrepresentations or materially
incorrect statements concerning the goods, products or services offered
for sale.
g.
He/she shall not engage in any course of alarming conduct or conduct
himself/herself so as to alarm or seriously annoy the occupant of
the dwelling.
h.
He/she shall not engage in any conduct which is prohibited by any
statute, regulation or ordinance in effect in the Township.
i.
He/she shall present written receipts for all payments received.
[Ord. No. 93-20, § I; Ord. No. 98-24, § I]
No soliciting or canvassing shall be conducted before 10:00
a.m. or later than 6:00 p.m. or dusk, whichever is earlier, nor on
Sundays or holidays, except ice cream vendors.
[Ord. No. 05-40 § I]
a.
Notwithstanding the provisions of any other section of this chapter,
any person or entity who owns or rents property within the Township
may register such property on a "Do Not Solicit" list.
b.
Registration for the "Do Not Solicit" list shall be made as follows:
1.
The "Do Not Solicit" list shall be maintained by the Township Clerk.
2.
The "Do Not Solicit" list shall consist solely of property addresses,
and shall include no further identifying information concerning the
ownership of each property.
3.
The Tax Assessor shall notify the Township Clerk of any change in
ownership of property within the Township. The Township Clerk shall
remove from the "Do Not Solicit" list any property which has changed
ownership.
c.
The Township Clerk's office shall provide a copy of the "Do Not Solicit"
list to every applicant to whom a permit is issued pursuant to this
chapter.
d.
Solicitation of any nature at any address identified on the "Do Not
Solicit" list shall constitute a violation of this chapter. Each and
every solicitation at an address identified on the "Do Not Solicit"
list shall constitute a separate violation of this chapter.
[Ord. No. 93-20, § I; Ord. No. 05-40 § I]
Any license may be revoked by the Township 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, misrepresentation or other dishonesty in the conduct of the
licensed activity.
c.
A violation of any provision of this section.
d.
Conviction of the licensee for any high misdemeanor, misdemeanor,
or disorderly person's or petty 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.
[Ord. No. 93-20, § I; Ord. No. 05-40-§ I]
Notice of a hearing for the revocation of a license 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 10 days prior to the date set for
the hearing.
[Ord. No. 93-20, § I; Ord. No. 05-40 § I]
At the hearing the licensee shall have the right to appear and
be heard, to be represented by an attorney, to present witnesses on
his own behalf, to cross-examine opposing witnesses and to have a
permanent record made of the proceedings at his own expense. If a
record is made and a copy is requested by the licensee, the licensee
shall provide a copy to the Township without charge. The Township
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.
[Ord. No. 93-20, § I; Ord. No. 05-40 § I]
The Township Committee may issue another license to a person
whose license has been revoked or denied as provided in this section
if after hearing it is satisfied by clear and convincing evidence
that the acts which lead 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 the same activity.
[Ord. No. 93-20, § I; Ord. No. 05-40 § I]
The Township Committee may by resolution make rules and regulations
which interpret or amplify any provision of this section 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.
[Ord. No. 93-20, § I]
As used in this section:
Shall mean those persons and/or organizations with a valid
and unexpired registration and/or a written exemption from the Attorney
General of the State of New Jersey issued pursuant to N.J.S.A. 45:17A-1,
et. seq.
Shall mean and include the giving of alms, food, clothes,
money subscriptions, pledges or property of any nature or kind.
Shall mean any individual, firm, copartnership, corporation,
company, association, church, religious denomination, society, class
or league.
Shall mean the request, directly or indirectly, of money,
credit, property, financial assistance, and other things of value
in the plea or representation that such money, credit, property, financial
assistance or other thing of value will be used for a charitable and
philanthropic purpose as defined in this chapter or for a political
purpose. "Solicitation" shall be deemed to be complete when made,
whether or not the person making the same receives any contribution.
[Ord. No. 93-20, § I]
No person shall solicit political, charitable and philanthropic
contributions or engage in any other solicitations on behalf of a
political, philanthropic or charitable organization or cause within
the Township without first obtaining a permit authorizing such public
solicitations; provided that the provisions of this section shall
not apply to any established person or organization authorized and
not operated for the pecuniary profit of any person if the solicitations
by such person or organization are conducted among the members thereof
or if the solicitations are in the form of collections or contributions
at the regular assembly or meetings of any such person or organization.
[Ord. No. 93-20, § I]
Application by political, charitable or philanthropic organizations
for a permit to make a public solicitation shall be made to the Township
Clerk upon forms provided by the Township.
In addition to the information required by subsection 4-5.4a–d,
h and j, if the application is made for a charitable or philanthropic
cause it shall contain the information required by paragraphs a–j
below, if made for a political cause it shall contain the information
required by paragraphs a–f and i below:
a.
The purpose for which such solicitation is to be made and the estimated
amount of funds proposed to be raised thereby.
b.
A specific statement showing the need for the solicitation.
c.
The name and address of the person who will be in direct charge of
conducting the solicitation.
d.
The names, addresses, date of birth, social security numbers and
driver's license numbers (including State of issuance) of all persons
making the proposed solicitation.
e.
A brief outline of the method to be used in conducting the solicitation.
f.
The time and dates when such solicitations shall be made, giving
preferred dates and alternate dates for the beginning and ending of
such solicitation.
g.
The amount of any wages, fees, commissions or expenses to be paid
to any person or organization for conducting such solicitation and
the names and addresses of all such persons.
h.
A full statement of the character and extent of the charitable and
philanthropic work conducted by the applicant within the Township.
i.
A statement to the effect that if the permit is approved, it will
not be used or represented in any way as an endorsement of the proposed
solicitation by the Township or by any of its officers or departments.
j.
Have attached hereto a financial statement setting forth the total
funds collected during the previous calendar year by the organization
seeking the permit; the portion or the funds which were used directly
for the purposes or cause stated for the collection and the portion
used indirectly to support the purpose or cause stated, i.e., used
for administrative expense, related causes, etc.
|
If while the application is pending, or during the term of any
permit granted thereunder, there is any change in fact, policy or
method that would alter the information given in the application,
the applicant shall notify the Township Clerk in writing within 24
hours after such change.
|
[Ord. No. 93-20, § I]
If the application is approved, the Township Clerk shall immediately
notify the applicant and issue the permit without charge. If the application
is disapproved, notification stating the reasons for such disapproval
shall immediately be sent to the applicant by the Township Clerk.
[Ord. No. 93-20, § I]
If the application has been disapproved, the applicant may appeal
the decision to the Township Committee by filing a written notice
of appeal with the Clerk within 14 days after the notice of disapproval.
The Township Committee shall hold its hearing within 10 days thereafter
and its decision shall be final.
[Ord. No. 93-20, § I]
It shall be the duty of the Township Clerk to keep a current
calendar of approved solicitations to be conducted within the Township.
No solicitation shall be permitted in any event for 48 hours following
the issuance of the permit.
The Township Clerk shall have the right to propose alternate
dates for a solicitation if the requested dates should unfairly conflict
with other solicitations being conducted within the Township.
[Ord. No. 93-20, § I]
No permit may grant the right to solicit for a period longer
than 90 consecutive days.
[Ord. No. 93-20, § I]
Any person or organization receiving money or any other thing
for a value of $1 or more from any contributor under a solicitation
made pursuant to this section shall give to the contributor a written
receipt signed by the solicitor showing the date and the amount received;
provided that this section shall not apply to any contribution collected
by means of a closed box or receptacle used in solicitation where
the use thereof has been approved by the Township Committee, where
it is impractical to determine the amount of each contribution.
[Ord. No. 93-20, § I]
All solicitations conducted shall take place between the hours
of 10:00 a.m. and 9:00 p.m. Solicitations may not be conducted on
Sunday, unless approved by motion of the Township Committee. Any person
or organization desiring to solicit at hours other than those stated
herein shall make special request therefor on their application and
this special request shall be approved or disapproved by the Township
Committee. If approval is given by the Township Committee for solicitation
to be conducted at other than the hours stated in this subsection,
the approval shall be plainly stamped on the permit issued by the
Township Clerk.
[Ord. No. 93-20, § I]
Every person and/or member of any organization permitted hereunder
to conduct solicitations shall attach and display on the front outer
layer of his or her clothing a badge in letters and figures easily
discernible from a distance of 10 feet. The following information
shall be printed on the badge:
a.
Name of the solicitor.
b.
Name and address of the organization on whose behalf the solicitation
is made. The municipal and State address of the organization shall
be the most conspicuous writing on the badge and shall be at least
twice as large as any other printed matter to be contained on this
badge.
c.
The expiration date of the license.
d.
A statement that the Township has licensed the solicitation, but
neither approves or disapproves of the organization and/or its activities.
[Ord. No. 93-20, § I]
Every person issued a permit under this section shall conduct
himself/herself according to the following code of conduct:
a.
He/she shall not enter or remain upon any resident's property upon
which it is posted that solicitors are not permitted or notice of
similar content.
c.
He/she shall not enter or attempt to enter any dwelling unit without
express invitation from the occupant therein.
d.
He/she shall immediately leave the resident's property upon request
by the resident to do so.
e.
He/she shall not leave on or about the resident's property any circular,
samples or other matter or material unless same is handed to an occupant
of the property.
f.
He/she shall not indicate that the Township endorses or sponsors
any of the views expressed or the organization for which support or
contributions are sought.
g.
He/she shall not make false claims, misrepresentations or materially
incorrect statements concerning the solicitation, organizations represented
or the use to be made of the amount solicited.
h.
He/she shall not engage in any course of alarming conduct or conduct
himself/herself so as to alarm or seriously annoy the occupant of
the dwelling.
i.
He/she shall not engage in any conduct which is prohibited by any
statute, regulation or ordinance in effect in the Township.
[Ord. No. 93-20, § I]
Whenever it shall be shown, or whenever the Township Clerk has
knowledge, that any person to whom a permit has been issued under
this section, or that any agent of an organization of a permit holder
has violated any provision of this section, the Township Clerk shall
revoke said permit for the remaining period for which it was issued.
[Ord. No. 93-20, § I]
a.
Time and Manner in Which to Appeal. A written appeal of the revoking
official's decision must be filed with the Township Clerk within 10
calendar days from the date of revocation.
b.
Appellate Tribunal. At least three members of the Township Committee
shall hold a hearing and decide the appeal based upon the decision
of the revoking official, additional evidence which the revoking official,
appellant or other interested party may present. The rules of evidence
shall not apply to the appeal hearing, but due process and a reasonable
opportunity to be heard shall be accorded to all interested parties.
c.
Time and Form of Decision. The Township Committee shall determine
the appeal within 20 days from the perfecting of the appeal and may
affirm, reverse or modify the decision of the revoking official.
[Ord. No. 93-20, § I]
The Township Clerk shall maintain a record of all revocations
of permit holders.
[Ord. No. 93-20, § I]
In addition to revocation of the permit, any person, organization or agent thereof found guilty of violating any provision of this section shall, upon conviction, be subject to a penalty as prescribed by subsection 1-5.1.
[Ord. No. 99-10, § II]
Any applicant for the issuance or renewal of any license or
permit issued by the Township, or requiring the approval of the Township,
shall be required, if he, she or it is the owner thereof, to pay any
delinquent property taxes or assessments on 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. Payment of any
delinquent property taxes or assessments shall be made only by certified
check, cash, or bank check.
[Ord. No. 99-10, § II]
The Township shall, upon notice in writing to the licensee who
is an owner of the property upon which the licensed business or activity
is conducted, revoke or suspend the license or permit, when the licensee
has failed to pay the taxes due on the property for at least three
consecutive quarters. Notice shall be mailed to the licensee at his,
her or its last known address as shown on the application for the
license or permit sought to be revoked or suspended. Notice shall
be considered effective upon mailing by certified mail, return receipt
requested. Upon payment of the delinquent taxes or assessments, the
license or permit shall be restored.
[Ord. No. 99-10, § II]
Prior to the issuance of licenses and permits by the various
departments or agencies of the Township, the owner-applicant shall
obtain a certification from the office of the Tax Collector that taxes
and assessments have been paid to a current basis for the property
on which the activity or business in question is to take place. In
the event that property taxes or assessments are unpaid to a current
basis, no permits or licenses shall be issued until all such payments
have been made by the property owner.
[Ord. No. 99-10, § II]
The provisions of this section shall not apply to or include
any alcoholic beverage license or permit issued pursuant to the "Alcoholic
Beverage Control Act," N.J.S.A. 33:1-1 et seq., or the Uniform Construction
Code. The provisions of this section shall apply to all other permits
and licenses issued by, or requiring approval of, the Township, including
but not limited to:
