[Amended by Ord. No. 2017-41; 9-6-2022 by Ord. No. 22-18]
The purpose of this chapter is to provide a uniform set of procedures
for administering the issuance, renewal, and revocation of all licenses
issued by the Township, except alcoholic beverage licenses, dog licenses,
massage therapy establishments and bodywork therapy establishment
licenses, taxicab licenses and cottage food operators who have obtained
a permit pursuant to N.J.A.C. 8:24-11 et seq.
Each application shall be referred to the Chief of Police or
a police officer designated by him or her, 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. If the investigator decides that the applicant's character,
ability or business responsibility is 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
so notify the applicant. Otherwise, the Clerk shall issue the license
immediately, provided the required license fees have been paid, except
in cases where approval of the Township Committee is required. In
the case of an application for a solicitor's, peddler's or canvasser's
license, the license may be issued immediately subject to investigation.
In the event of the denial of a license, the applicant may 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 denial. The Committee shall hold the hearing within 10 days thereafter,
and its decision shall be final.
Licenses shall be in a form which the committee 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 Township Committee may, by resolution, require.
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 committee and shall contain the same information as is required by §
301-4 to be contained in the license. It shall also indicate the amount of the fee paid for each license, the date on which payment was received, the date of issuance of the license, whether the license is new or is a renewal, and any other information which the Township Committee may require by resolution.
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 on the request of a police officer or any person with whom he or
she is doing business.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Each 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 of the Township Committee by resolution. The fee for the transfer of a license from place to place shall be as provided in Chapter
245, Fees, §
245-4.
Any license or permit issued by the Township may be revoked
by the 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 Code;
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 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 application, pending the results of the investigation,
it may be summarily revoked if the result of the investigation is
such as would have resulted in denial of the license.
Notice of 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 on 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.
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 Committee 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.
The Committee may issue another license to a person whose license
has been revoked or denied as provided in this chapter 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, or any person
acting for him or her, directly or indirectly, shall be issued another
license to carry on the same activity.
The Township Committee may, by resolution, make rules and regulations
which interpret or amplify any provision of this chapter or for the
purpose of administering the provisions of this chapter or making
them more effective. No regulation shall be inconsistent with or alter
or amend any provision of this chapter, 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
chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
If a licensee's proposed use in the Township is such that the proposed use is not presently being conducted in or on the premises intended to be used under the provisions of a license, then the licensee must comply with Chapter
296, Land Development, concerning the submission of a plat and securing Planning Board approval as a condition precedent to the issuance of a license. This requirement shall also apply to any accessory permitted uses where a license is also required to be issued by the municipality.