[Prior code § 8-6; amended by Ord. 88-21 § 12, 1988; Ord. 88-1 § 1, 1988; Ord. 96-10 § 1, 1996; Ord. 98-2 § 1, 1998; Ord. 2000-02 § 1, 2000; Ord. 2004-9 § 1, 2004; Ord. No. 2008-08, §§ 5, 6, 6-24-2008]
A. License required. Except in those cases where a different license is required by another provision of this code or by the laws of the State of New Jersey, no person shall either directly or indirectly conduct any business as defined in this subsection unless he or she has obtained a mercantile license. For the purposes of this section, any person shall be deemed to be engaged in a business and subject to the provisions of this section when he or she does either or both of the following acts:
1. Sells any goods or services from a fixed location in the Borough where the business is conducted directly from a fixed location;
2. Solicits business or offers goods or services for sale or for hire from a fixed location in the Borough where the business is conducted from the fixed location.
B. Application for license. Any person required to procure a mercantile license under the provisions of this section shall submit an application to the Borough Clerk accompanied by the required fee. The application shall be on a form provided by the Borough Clerk and shall contain the following:
1. Any previous revocation or suspension of any license issued by the Borough and the reasons therefor;
2. A statement that the applicant's business will not violate the Zoning Ordinance of the Borough;
3. A statement that the applicant is not in default under the provisions of this section, or indebted or obligated in any manner to the Borough, except for taxes;
4. Such other facts relative to the general personal history of the applicant or his or her officers and managers if the applicant is not an individual, so as to enable the Borough to make a fair examination of the eligibility of the applicant;
5. Name of person to whom license will be issued and his or her residence address. If applicant is not an individual, then the names, positions, and residence addresses of all officers and managers of the applicant;
6. Premises at which the business is to be carried on and the name and address of the owner of the premises;
7. Proof of compliance with the requirements of Chapter
5.66.
[Added 1-24-2023 by Ord. No. 2023-04C]
C. Investigation — Appeal. On submission of the application and required fee to the Borough clerk, the Borough shall cause an investigation to be made and, if a license is not granted, shall state its disapproval in writing within 21 days after the filing of the application. If approved, the license shall be issued by the council. If disapproved, the applicant shall have 10 days from receipt of notice of disapproval to appeal to the Borough council or its designee. The council, or its designee, shall render a decision no later than 30 days after the date of making the appeal.
D. Regulations. The holder of a mercantile license shall:
1. Permit all reasonable inspections of his or her premises;
2. Permit access to the licensed premises at all reasonable times for the purpose of inspection;
3. Avoid all prohibited, improper, unlawful or unnecessary practices or conditions which do or may adversely affect public health, morals or welfare;
4. Post or maintain his or her license on the licensed premises in a place where it may be seen at all times.
E. Permits for Nonprofit and Public Welfare Purposes. The Borough council may authorize the issuance of special permits without the payment of the mercantile license fee to any public, charitable, educational, literary, fraternal or religious organization for the conduct or operation of a temporary nonprofit enterprise of a public, charitable, educational, literary, fraternal or religious nature. However, applicants shall submit the usual application form in the manner provided and, if such permit is granted, shall observe all other requirements of this section.
F. Exceptions. The provisions of this section shall not apply to:
1. Any person acting pursuant to an order or process of a court of competent jurisdiction;
2. Persons acting in accordance with their powers and duties as public officials.
G. Duration of License. All mercantile licenses under this chapter shall be due and payable on June 1st of each year and shall terminate and become invalid on May 31st of the next succeeding year.
H. Operation of Business Without a License — Penalty.
1. If, within 10 business days after being notified in writing by the Borough that a license is required, the business so notified does not obtain a license, or if the license is revoked as provided for in Section
5.04.020 and the business continues to operate, summons is to be issued for each day the business is in operation, beginning from the date of notice.
2. Upon being found guilty of a violation of the Borough ordinance, the fine to be imposed will be not more than $500 per offense, with each separate day being a separate offense.
I. Licenses Fees and Transfers. The fee for a mercantile license shall be $125 and shall be due and payable on June 1st of each year in accordance with the provisions of this chapter. Any license renewed after June 1st shall be subject to a late fee of $125. The late fee shall be assessed in addition to the renewal fee. On transfer of the location of the licensed business to a new location within the Borough, or on sale of a business within the Borough, a license may be transferred within its current term on amendment of the information contained in the application for license and payment of a transfer fee of $10.