[R.O. 1966 § 8:14-1; R.O. 1966 C.S. § 8:14-1; Ord. No. 6 PSF-D, 4-2-2014; Ord. 6PSF-G, 11-17-2014]
CIGAR RETAIL STORE
Shall mean any establishment in which at least 51% of the
products offered for sale constitute tobacco products and accessories,
and in which the sale of other products is merely incidental.
DIRECTOR
Shall mean the Director of the Department of Finance and/or
his designee.
PERSON
Shall mean any individual, firm, member of a firm, partnership
or member thereof, corporation or any officer, director or stockholder
of such corporation, unless otherwise specified.
SHOE SHINE PARLOR
Shall mean a place or establishment where three or more chairs
are placed in use, or to be used for the purpose of shining or polishing
shoes or boots with polish or other material, composition or mixture
of any color whatever.
[R.O. 1966 § 8:14-2; Ord. 6 PSF-D, 4-2-2014]
No person shall keep, operate or conduct a shoe shine parlor
or cigar store without first obtaining a license for each such business
from the Director.
[R.O. 1966 § 8:14-3; Ord. 6 PSF-D, 4-2-2014]
Applications for licenses under this chapter shall be filed
with the Division of Tax Abatements/Special Taxes on forms to be furnished
by the Director which forms shall show the following:
b. Post office address of applicant.
c. Whether or not the person making the application has ever been convicted
of a crime or violation of a State statute or violation of a City
ordinance or disorderly persons offense involving gambling.
d. In the case of a corporation it shall state the names and addresses
of the officers and all stockholders, presently holding stock, and
all who for more than six months prior to making application, have
held stock or who have been officers.
[R.O. 1966 § 8:14-4; Ord. 6 PSF-D, 4-2-2014]
The Director may deny a license to any person who has been convicted
of a crime or a violation of a State statute, or violation of a City
ordinance or disorderly persons offense involving gambling. The Director
may also deny the license where the premises to be licensed does not
comply with the applicable codes and ordinances of the City.
[R.O. 1966 § 8:14-5; Ord. 6 PSF-D, 4-2-2014; Ord.
6 PSF-D, 8-3-2016 § 10;
amended 12-21-2021 by Ord. No. 6PSF-a(s), 12-21-2021]
Unless sooner revoked or suspended, all licenses issued, and
renewals thereof, under this chapter shall expire biennially on January
31st after its date of issuance. If any applicant obtains an initial
license pursuant to this Section after the renewal date or in between
a biennial cycle, the applicant will pay a pro-rated application fee.
The applicant's license will thereafter expire on January 31st in
accordance with the biennial licensing cycle. The Division of Tax
Abatements/Special Taxes shall establish administrative rules and/or
regulations pertaining to scheduling for the issuance of a shoe shine
parlor license.
[R.O. 1966 § 8:14-6; R.O. 1966 C.S. § 8:14-6; Ord. 6 S+FH; 6-3-1987 § 2; Ord. 6 S+FL, 2-17-1988 § 1; Ord.
6 PSF-D, 4-2-2014; Ord. 6 PSF-D, 8-3-2016 § 10;
amended12-21-2021 by Ord. No. 6PSF-a(s), 12-21-2021 ]
a. The biennial fees of a cigar store or shoe shine parlor license issued
under this chapter shall be as follows:
Shoe shine parlor
|
$100
|
Cigar store
|
$100
|
The fee shall be payable upon the presentation of the application
and shall be returned to the applicant, less the sum of $10 in the
event the license is not granted.
|
b. The following institutions who conduct cigar stands on the premises
of such institution, and the following persons who conduct such cigar
stores are exempt from the payment of the foregoing license fees:
1. Hospitals, charitable, religious and educational institutions;
2. Blind persons declared to be legally blind under the rules and regulations
of the New Jersey State Commission for the Blind.
[R.O. 1966 § 8:14-7; Ord. 6 PSF-D, 4-2-2014]
a. Each license shall bear the date of issue; the name of the person
to whom issued; the purpose for which issued, and the location of
the room or building wherein the licensee is authorized to carry on
and conduct any such licensed business.
b. Each license shall be posted and conspicuously displayed on the premises
where the licensee is authorized to carry on the licensed business.
c. Subject to consent of the Director a license may be transferred by
the holder to another address, provided that the licensee makes application
in writing for such transfer, to the Director, and further provided
that the new premises comply with the applicable codes and ordinances
of the City.
[R.O. 1966 § 8:14-8; Ord. 6 PSF-D, 4-2-2014]
In addition to the penalty provided in Section
8:14-9, the Director shall have the power to suspend or revoke for cause any such license, and in case the Director shall determine that there is reasonable cause to suspend or revoke any such license, he shall cause a notice to be served in writing upon the licensee or other person in charge of the licensed place, citing him to appear before such Director at such time and place as he may designate, to show cause why such license should not be suspended or revoked, and such licensee shall be afforded a hearing before the Director, prior to the final revocation of his license.
The Director, after notice and hearing, may suspend or revoke
any license granted under this chapter to any person who shall have
been convicted of a crime or of violating any State statute or violating
any City ordinance or disorderly persons offense involving gambling.
[Ord. 6 PSF-D, 4-2-2014]
Any cigar store is required to be closed for business between the hours of 10:00 p.m. and 6:00 a.m., Sunday through Thursday and 11:00 p.m. and 6:00 a.m. on Friday and Saturday. The exemptions contained in City of Newark Revised General Ordinances, Title VIII, Chapter 12, more specifically Section
8:12-6A, shall not be applicable to a cigar store.
[R.O. 1966 § 8:14-9; Ord. 6 PSF-D, 4-2-2014]
Any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.