This chapter shall be known as the "Mercantile Licensing Ordinance of the Borough of Woodlynne."
[HISTORY: Adopted by the Mayor and Council of the Borough of Woodlynne 5-10-2012 by Ord. No. 2012-3. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
As used in both the singular and plural sense, includes all kinds of vocations, occupations, professions, enterprises, establishments and all other kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit or benefit, either directly or indirectly, on any premises in the Borough of Woodlynne, as set forth in N.J.S.A. 40:52-1, and acts amendatory and supplemental thereto.
A sale held in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other means.
A sale held in such a manner as to reasonably cause the public to believe that upon the disposal of the stock and goods on hand, the business will cease and be discontinued, including but not limited to the following sales: adjuster's; adjustments; alterations; assignee's; bankrupt; benefits of administrators'; benefit of creditors'; benefit of trustee; building coming down; closing; creditors' end; executor's; final days; forced out; forced out of business; insolvency; last days; lease expires; liquidation; loss of lease; mortgage; receiver's; trustee's and quitting business.
Includes individual natural person, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations or unincorporated groups, or any officer, agent, employee, servant, factor or any kind of personal representative of any thereof, in any capacity, acting either for himself or for any other person under either personal appointment or pursuant to law.
Includes all land, structures, places and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to or is otherwise used in connection with any such business conducted on such premises.
A sale held in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock and goods on hand and then move to and resume business at a new location within the Borough of Woodlynne or will then continue business from other existing locations in said Borough.
It shall be unlawful for any person to conduct, engage in or carry on any business, trade, occupation or activity as enumerated in this chapter within the Borough of Woodlynne, or to use any stand, store or other place or thing for which a license is required under this chapter, without having first complied with the provisions of this chapter and obtained a license therefor as herein provided. However, nothing in this chapter shall be construed to authorize the Borough of Woodlynne to require a license or to regulate any person holding a license or certificate issued by any department, board, commission or other agency of the State of New Jersey.
A.
Applications for all licenses required by this chapter shall be made, in writing, to the Borough Clerk of the Borough of Woodlynne on a form prescribed by the Mayor, which the Mayor may amend from time to time to include further information necessary for the proper enforcement of this chapter.
B.
Renewal applications must be filed no later than the last business day of the month of January each year.
C.
Each application shall contain at least the following information:
(1)
The name under which the business is to be conducted.
(2)
The name of the applicant: if a corporation, give names and addresses of the president and secretary; if a partnership, give names and addresses of all partners; if a limited-liability company give name and address of managing member.
(3)
The present address of the applicant or applicants.
(4)
The address and location of the business to be conducted and the proposed manner and use of the premises.
(5)
The nature of the business and the extent thereof.
(6)
A statement as to whether the applicant has ever had a license to conduct the business described revoked or denied and the reason therefor.
(7)
Details of any arrest or convictions for misdemeanors and crimes, including the nature of the offense for which the applicant was arrested or convicted, the date of conviction and the place where said conviction was obtained.
(8)
The business telephone number of the applicant.
(9)
The name and address of the applicant's attorney, if applicable.
(10)
The name and address of the registered agent, if the applicant is a corporation, partnership or LLC.
(11)
A statement by the applicant that the information supplied in the application to induce the Borough of Woodlynne to issue the license is true and correct and the applicant agrees to comply with all laws and ordinances of the State of New Jersey and the Borough of Woodlynne applicable to the subject matter thereof.
Whenever a license is required for the maintenance, operation or conduct of any business or establishment or for doing any business or engaging in any activity or occupation, any person or corporation shall be subject to the requirement if, by himself or through an agent, employee or partner, he holds himself forth as being engaged in the business or occupation or solicits patronage therefor, actively or passively, or performs or attempts to perform any part of such business or occupation in the Borough of Woodlynne.
All licenses, permits and applications therefor shall be prepared and kept on file by the Borough Clerk, and each license or permit issued shall bear the signature of the Borough Clerk, together with the date of issuance, in the absence of any provision to the contrary.
A.
Upon receipt of an application for a license, the Borough Clerk shall refer such application to the proper officials or officers for the making of the necessary investigation or inspection. The officials shall make a report thereon, favorable or otherwise, within 15 days after receiving the application or a copy thereof. The Zoning Official shall make the appropriate zoning inspections. All other investigations, except where otherwise provided, shall be made by the Chief of Police or his designee. Before the Chief of Police shall recommend a mercantile license, he shall first make a determination that the applicant does not have a criminal record or is not presently indicted for a crime in this state of any other state which would reasonably relate to the nature of the business to be conducted by the applicant; that the proposed business would not be detrimental to the public health, safety or welfare of the community; that the applicant had not conducted any business in violation of any local ordinances or state statutes; that the applicant has not permitted persons to conduct illegal activities on the premises of a business previously maintained in the Borough; and that the proposed business would not be a public nuisance.
B.
Each above mentioned official shall maintain records of each application submitted to him or her. Said officer shall note thereon the disapproval or approval of the application and the reasons therefor, and the official shall report the same to the Borough Clerk within the time herein above provided.
All licenses shall be approved by the Borough Clerk based upon the qualifications of the applicant and the recommendation and reports of the investigating officials. In determining whether the applicant or licensee (either upon a new application or a renewal) has complied with the general laws and statutes of the State of New Jersey and the ordinances of the Borough of Woodlynne, the Borough Clerk shall be guided in making his determination by the following standards:
A.
The Land Development Ordinance of the Borough of Woodlynne.
B.
The provisions of the BOCA Code.
C.
The Sanitary Code of the Borough of Woodlynne.
D.
The Fire Prevention Code of the Borough of Woodlynne or the applicable Fire Prevention Code of the fire district.
E.
Any and all other applicable regulatory codes and ordinances of the Borough of Woodlynne, including public health statutes and codes of the State of New Jersey, which are applicable to the Borough of Woodlynne.
F.
The license history of the applicant regarding past violations, revocations or suspensions and the timeliness of past applications for licenses and the applicant's continued compliance with the license requirements.
G.
Any applicant whose business requires a federal, state or county license or permit shall produce satisfactory evidence of such license or permit with the Mercantile License application.
H.
Any applicant doing business under a fictitious name or as a business organization chartered by the State of New Jersey, such as corporations, partnerships and limited-liability companies, shall produce evidence of their state charter and/or fictitious name registration.
Where a license is engaged in more than one activity or business, as enumerated in this chapter, at the same location which may be subject to more than one fee, said licensee shall be required to pay that fee which would be charged for the activity assessed the highest fee.
All annual licenses shall terminate on the last business day of January of each year.
No license shall be issued for the conduct of any business and no permit shall be issued for any thing or act if the premises and building to be used for the proposed business or activity do not fully comply with the requirements of the Borough's regulatory provisions. The issuance of a mercantile license shall not be deemed a waiver from any other necessary permits or required certificate of occupancy for a business premises.
The location of any licensed business or occupation or of any permitted activity may be changed, provided that 10 days' notice thereof is given to the Borough Clerk and the approval is granted by the governing body, and provided that the requirements of all regulatory ordinances are complied with.
No business, licensed or not, shall be conducted, carried on or operated so as to amount to a nuisance in fact.
Whenever inspections of the premises used for or in connection with the operation of the licensed business activity or occupation are provided for or required by ordinance or are reasonably necessary to secure compliance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to be inspected to admit thereto, for the purpose of making the inspection, any officer or employee of the Borough who is authorized or directed to make such inspections, at any reasonable time that admission is required.
The Borough Clerk shall have the right to suspend or revoke any license or permit whenever the holder thereof or any of the licensee's agent or servants violate any provision of this chapter, the laws of the State of New Jersey or any rules or regulations promulgated as herein provided. Prior to the revocation of a license, a written notice of the contemplated action of the Borough Clerk shall be served upon the licensee, setting forth each charge as may be the reason for said proposed revocation and the place, date and hour when the Borough Clerk will hear the matter. The licensee may be represented by counsel at such hearing.
Licenses issued under this chapter shall be posted at the place of business shown on said license, in a conspicuous place. Said license shall remain posted for the duration of the licensing year when issued and so long as the licensed business is in operation.
The license fees to be paid to the Borough of Woodlynne for conducting or engaging in the business, trade or activity, at the place designated in the license certificate shall be as follows:
All businesses, trades and activities which have not been classified or listed in the schedule of license fees of this chapter for each location, or otherwise provided for in any other licensing ordinance of the Borough of Woodlynne shall pay a license fee in accordance with § 410-17A.
This chapter shall not apply to any business or occupation licensed under those various laws of this state which prohibit licensing by municipalities.
No license or permit provided for by this chapter shall be transferred from one person to another, and no license shall cover any other place of business other than that for which it was issued.
No person or persons shall be permitted to engage in, carry on or conduct any business under any license or permit granted under this chapter except that business for which said license was issued.
This chapter shall not apply to orders taken without the Borough, nor to soliciting of orders by wholesale dealers from retail dealers, nor to deliveries by wholesale dealers to retail dealers, nor to the sale or delivery of newspapers, magazines or periodicals.
The fees herein imposed for business and mercantile licenses are revenue producing in nature, but said fees are used primarily in an attempt to cover the costs of administration and inspections of such businesses, to assure compliance with the laws of the State of New Jersey and the ordinances of the Borough of Woodlynne. It is the intent of this chapter to ensure the fact that all businesses of whatever kind and whereever situate in this Borough shall be inspected periodically to ensure compliance with the laws as aforesaid. In certain instances there are those businesses which warrant additional police surveillance and inspection. There are those businesses which attract an unusual amount of vehicular traffic, necessitating additional regulation and enforcement. These fees provide a reasonable relationship to the cost of regulation and administration.
The proper enforcement of the provisions of this chapter dealing with the mercantile licenses shall be within the jurisdiction of the Borough Clerk of the Borough of Woodlynne, Woodlynne Police Department, and those officials charged with providing the necessary inspections and regulations.
A.
Pursuant to N.J.S.A. 40:49-5, any person, firm, association or corporation violating any section of this chapter shall, upon conviction in the Municipal Court having jurisdiction, be subject to a fine not exceeding $500 or imprisonment in the county jail, or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days, or both.
B.
Any person convicted of the violation of any ordinance may, in the discretion of the court by which he was convicted and in default of the payment of any fine imposed therefor, be imprisoned in the county jail, or in any place of detention provided by the municipality, for any term not exceeding 90 days.
C.
The court before which any person is convicted of violating this chapter shall have power to impose any fine or term or imprisonment, or suspension thereof, not exceeding the maximum fixed in this chapter.
A.
For a going-out-of-business sale or removal of business sale or a fire or other altered goods sale, no person shall be granted a license, unless:
(1)
He has been the owner of a business as described in the application for a license hereunder for a period of at least six months prior to the date of the proposed sale.
(2)
He has not held a similar sale at the location stated in the application within one year last past from the date of such application.
(3)
It applies to only one business and is not conducted or advertised in cooperation or by participation with any other business.
(4)
He shall file with the Borough Clerk a complete inventory of goods that are to be offered for sale.
B.
In such cases, the license shall:
(1)
Authorize only one type of sale described in the application at the location named therein.
(2)
Authorize only the sale of goods described in the inventory filed with the Borough Clerk and shall forbid additions or replacements.
(3)
Continue for a period not exceeding three months from the date of the granting of the license and shall not be renewable, assignable or transferable.
The Borough Council of the Borough of Woodlynne may authorize the issuance of special permits without the payment of any license fee or other charge therefor to any public, charitable, educational, literary, fraternal or religious organization having its location in the Borough of Woodlynne for the conduct or operation of a temporary nonprofit enterprise for a public, charitable, educational, literary, fraternal or religious purpose. The applicant, however, shall submit the usual application form in the manner as hereinbefore required and shall operate, if granted a permit, in accordance with the requirements of this chapter.
No person shall conduct, engage in, operate or otherwise carry on a business, licensed or not, which may constitute a danger, menace or otherwise be detrimental to the general public health, safety and welfare or make any fraudulent or false statements or misrepresentations in connection with the sale of goods, wares or merchandise. In addition, any applicant who shall have made any false, fraudulent or misleading statements in his application for license may be denied a license or be subject to having his license revoked.