[Ord. 6 S+FD, 6-29-1988 § 1]
No person shall conduct, operate or maintain a hub cap business
in the City of Newark without first obtaining a license therefor as
provided in this chapter.
[Ord. 6 S+FD, 6-29-1988 § 1]
Applications under this chapter for maintaining or operating
a hub cap business shall be made on a form furnished by the Division
of Tax Abatements/Special Taxes. Each application must be sworn to
and include the following information:
a.
A description of the facilities and services available on the premises
of the proposed establishment and the business address at which the
applicant proposes to conduct this business.
b.
Name and address of the individual applicant; if a firm, the names
and home addresses of the members of the firm, if a corporation, the
names and home addresses of the president, secretary, and all other
officers of the corporation and the registered agent of the corporation
and any other person or entity which has a financial or beneficial
interest in the business of the applicant.
c.
If the manager in charge is to be someone other than a person named
above, then his name and address.
d.
The history of the applicant in hub cap business, including but not
limited to, whether or not such person, is previously operating in
this or another City or State under license, has had such permit revoked
or suspended and its reason therefor, and the business activity or
occupation subsequent to such action or suspension or revocation.
e.
Whether or not any person listed in the application has, within 10
years of the date of the application, ever been convicted of a crime,
misdemeanor, or disorderly persons offense, the number of convictions
and the date, place and nature of the offense for which convicted.
[Ord. 6-29-1988 § 1]
No license shall be issued, held or transferred to any person,
firm or corporation when the applicant, any partner, any officer,
any person in management or any entity having a financial or beneficial
interest in the business of the applicant shall have been convicted
of any crime that relates adversely to the operation of a hubcap business.
[Ord. 6 S+FD, 6-29-1988 § 1]
Upon approval of the application the Director shall issue the
license.
[Ord. 6 S+FD, 6-29-1988 § 1; Ord. 6 PSF-D, 8-3-2016 § 16; amended 12-21-2021 by Ord. No.
6PSF-a(s), 12-21-2021]
a.
All licenses issued, and renewals thereof, under this chapter shall
expire biennially May 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
May 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 of the issuance of a license
under this subsection.
b.
The biennial fee for the license issued under this chapter shall
be $200 payable when the application is filed. In the event the license
is not granted the application fee, less $30, shall be returned to
the applicant.
c.
Application for renewal of license shall be made on a form provided
by the Director of Finance at least one month prior to the expiration
of the current license.
[Ord. 6 S+FD, 6-29-1988 § 1]
No license issued under this chapter shall be transferred from
one person to another or from place to place.
[Ord. 6 S+FD, 6-29-1988 § 1]
The Director may, upon his own initiative or upon the filing
of a written verified complaint of any person, investigate the action
of any licensee.
[Ord. 6 S+FD, 6-29-1988 § 1]
Upon notice to the licensee by the Director a hearing shall
be conducted by the Director to determine whether any license issued
under this chapter may be suspended or revoked for any violation of
the following:
a.
Licensee fails to comply with the fire prevention ordinance of the
City after reasonable notice has been given to the licensee to eliminate
or correct any condition in violation of such ordinance on the licensed
premises;
b.
Licensee fails to comply with the health ordinances of the City of
Newark or the State of New Jersey after reasonable notice shall have
been given to the licensee to eliminate or correct any condition in
violation of such ordinances on the licensed premises;
c.
Licensee fails to comply with any provision of the City's Electrical
Code, Mechanical Code, or Plumbing Code after reasonable notice shall
have been given to the licensee to eliminate or correct any condition
in violation of such ordinances on the licensed premises;
d.
Licensee fails to comply with any provision of this chapter or other
provisions of City ordinances or State statutes after reasonable notice
shall have been given to the licensee to eliminate or correct any
condition in violation of such chapter on the licensed premises;
e.
Licensee furnishes incorrect or incomplete information on its application
for license or application for renewal of license.
[Ord. 6 S+FD, 6-29-1988 § 1]
No license shall be issued unless the premises for which the
license is to be issued shall have a fence or barricade of any conventional
fencing material through which there is no visibility from the outside.
Such fence shall be seven feet high installed along all property lines,
except where the wall of any building situated on the lot abuts a
property line. Additionally, each entrance or exit way through the
fence or barricade shall have an appropriate gate, chain or closing
device so as to prevent entrance into the property when it is not
in use.
[Ord. 6 S+FD, 6-29-1988 § 1]
The licensee is expressly prohibited from doing any of the following
acts:
[Ord. 6 S+FD, 6-29-1988 § 1]
a.
The holder of any license under this chapter shall at all times abide
by the statutes, ordinances, codes, rules and regulations of the Federal,
State and City government and their agencies, and especially in connection
with the operation of the hub cap business and conduct therein;
b.
The holder of any license under this chapter shall at all times allow
the City's duly authorized representatives to inspect the premises
in order that they may perform their respective duties to inspect,
ascertain, and detect violations of this chapter or of any other ordinance
or regulation of the City.
[Ord. 6 S+FD, 6-29-1988 § 1]
Any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by a fine not exceeding $1,000
or imprisonment not exceeding in 90 days or both.
