[HISTORY: Adopted by the Township Council
of the Township of Lower 12-10-1975 as Sec. 4-1 of the 1975 Code.
Amendments noted where applicable.]
No person shall engage in or carry on any business
in the Township, nor encourage and assist in the carrying on of any
business, unless a license as hereinafter provided for shall have
been first obtained.
Application for a license to conduct a business
shall be made to the Township Clerk. Upon application and the payment
of the fee prescribed herein, a license shall be issued, which license
shall bear the name of the person to whom it is issued, the nature
of the business licensed, and the location at which the business is
to be carried on.
[Amended 12-5-2022 by Ord. No. 2022-12]
A.
All mercantile
licenses, with the exception of mercantile licenses associated with
rental units, under this chapter shall be due and payable on July
15 of each year and shall terminate and become invalid on July 14
of the next succeeding year.
B.
Mercantile
licenses issued in connection with rental units, see § 432-4(I)
below, shall be due and payable on or before March 15 of each year
and said license shall expire and become invalid on March 14 of the
next succeeding year.
[Amended by Ord. No. 83-12; Ord. No. 83-16; Ord. No. 83-27; Ord. No. 89-22; Ord. No. 92-14; Ord. No. 92-34; Ord. No. 97-28; Ord. No. 2000-22; 1-23-2008 by Ord. No. 2008-02; 7-7-2008 by Ord. No. 2008-10]
The annual fees to be paid to the Township Clerk
for conducting the business of selling goods, services or a combination
thereof shall be as follows:
A.
Amusements/entertainment.
(1)
The following amusement entities shall pay the following
annual fees:
(a)
Beach concession stand: $100.
(b)
Billiard/pool room: $125.
(c)
Each pool table: $30.
(d)
Bicycle rental stand: $100.
(e)
Bowling alley: $300.
(f)
Boxing/sporting events: $250.
(g)
Circus/carnivals: $250.
(h)
Golf courses (mini): $100.
(i)
Golf courses; par-three, nine-hole and eighteen-hole:
$50 per hole.
(j)
Roller rink: $100.
(k)
Theater: $500.
(l)
Water sports (parasailing, jet skis and kayaking):
$75.
(2)
Amusement devices or machines, including amusement
use premises and nonuse premises, shall pay an annual fee for each
such device or machine as follows:
C.
Food handling establishments.
(1)
Food handling establishments for the sale of prepared
foods for on-premises consumption shall pay an annual fee as follows
based upon the number of seats contained therein:
|
Number of Seats
|
Annual Fee
|
|---|---|
|
0 to 50
|
$75
|
|
51 to 100
|
$125
|
|
101 to 200
|
$225
|
|
201 to 300
|
$350
|
|
301 to 400
|
$475
|
|
401 to 500
|
$625
|
|
501 to 600
|
$775
|
(2)
Food handling establishments for the sale of prepared
foods for off-premises consumption shall pay an annual fee as follows:
$75.
(3)
Bakery store: $50.
E.
Parking lot: $300.
F.
Peddlers.
(1)
Peddlers utilizing a motor vehicle for the sale of
goods or services other than ice cream shall pay an annual fee for
each such vehicle of $275.
(2)
Peddlers engaged in the sale of goods or services
or the distribution of advertising or in the distribution of books
or periodicals or any form of canvassing other than political canvassing
shall pay a fee of $15 for each day upon which said peddler shall
be engaged in said activity within the confines of the Township.
H.
Public storage. The owner of any premises containing
public storage units shall pay an annual fee of $0.02 per square foot,
based on the total number of square feet contained in all the storage
units on said premises.
I.
Rental units. Premises containing rental units shall
pay an annual fee, on or before March 15 of each year, as follows:
[Amended 10-4-2010 by Ord. No. 2010-10; 2-17-2021 by Ord. No. 2021-03; 4-5-2021 by Ord. No. 2021-06; 12-5-2022 by Ord. No. 2022-12
(1)
Hotels and motels shall pay, in addition to any other
fee provided by law, an annual fee in the amount of $4 per rental
unit or $75, whichever is greater.
(2)
Apartment houses, rooming houses and boardinghouses
shall pay an annual fee in the amount of $4 per unit or $50, whichever
is greater.
(3)
Retirement homes shall pay an annual fee in the amount
of $75 or $4 per unit, whichever is greater.
(4)
Premises containing trailers or cabins for rent shall
pay an annual fee in the amount of $4 per unit or $50, whichever is
greater.
(5)
Structures which contain one or more separate furnished
or unfurnished living units (other than apartment houses, rooming
houses and boardinghouses), which are rented for a term of less than
175 consecutive days, shall pay an annual fee based upon the permitted
occupancy of the structure as follows:
(6)
Structures containing one or more separate units in
or at which any business is conducted and carried on, which are rented
on either a seasonal or year-round basis, shall pay an annual fee
of $75 per unit, regardless of whether or not the lessee of such unit
has a separate mercantile license for the business conducted therein.
J.
Retail sales. Each and every entity engaged in the
retail sale of goods or services, excluding only professional services
requiring a professional license from the State of New Jersey, to
the general public shall pay an annual fee based upon the number of
square feet contained in the business premises as follows:
|
Square Feet
|
Annual Fee
|
|---|---|
|
0 to 500
|
$50
|
|
501 to 1,000
|
$100
|
|
1,001 to 3,000
|
$150
|
|
3,001 to 5,000
|
$250
|
|
5,001 to 7,000
|
$450
|
|
7,001 to 9,999
|
$650
|
|
10,000 to 12,000
|
$850
|
|
Over 12,000
|
$1,000 plus $0.05 per square foot
|
K.
Vending machines. The owner of any premises containing
coin-operated vending machines, excluding state/federal licensed machines,
shall provide a list of all machines on the premises and pay an annual
fee $25.
L.
Additional use fee. Any entity containing more than
one use shall be required to pay a license fee pursuant to the schedule
contained herein for the primary use contained on the premises. For
each additional collateral or subsidiary use maintained on the premises,
the licensee shall be required to pay an additional fee of $50 annually.
M.
Unclassified category. An entity engaged in the retail
sale of goods or services not covered by the terms of this chapter
or by the terms of any other ordinance of the Township of Lower shall
pay an annual fee of $75.
N.
Late fees.
[Added 4-1-2013 by Ord. No. 2013-08; amended 12-5-2022 by Ord. No. 2022-12; 10-16-2023 by Ord. No. 2023-19]
(1)
All annual fees for mercantile licenses, with the exception of rental units, are to be paid on or before July 15 of the year of intended operation or conduction of business. Any business owner or operator who conducts any business governed by Chapter 432 of the Lower Township Code, with the exception of rental units, who has not paid the required annual fee set forth herein by the July 15 deadline will be subject to a late fee of $25, in addition to the application fee which is normally required.
(2)
All annual fees for rental unit mercantile licenses are to be paid on or before March 15 of the year of intended operation or conduction of business. Any business owner or operator who engages in the rental of a unit, as set forth within § 432-4I, who has not paid the required annual fee set forth herein by the March 15 deadline will be subject to a late fee of $25, in addition to the application fee which is normally required.
O.
Retail and delivery cannabis licenses. Businesses engaged in the
sale and/or delivery of cannabis items within the Township of Lower
shall pay an annual licensing fee as follows:
[Added 7-6-2021 by Ord.
No. 2021-14]
A.
All licenses issued to peddlers and hawkers are expressly
restricted, prohibiting said peddling or hawking to the streets, avenues
and ways of the Township carrying both vehicles and pedestrian traffic.
B.
The holders of said licenses are expressly forbidden
any right to peddle or hawk upon the bathing beach, or any public
park or playground.
Licenses issued under this chapter shall be
posted at the place of business shown on the license in a conspicuous
place. The license shall remain posted for the duration of the licensing
year when issued, and so long as the licensed business is carried
on.
No business shall be permitted on the location
licensed other than that for which the license is issued.
The issuance of a license under this chapter
is in addition to, and not in derogation of, any law of the State
of New Jersey or ordinance of the Township regulating the business
so licensed. Failure to comply with the regulations set out in the
laws or ordinances shall be cause for revocation of the license by
the Township Committee by due notice and hearing.
[Amended by Ord. No. 84-2A]
A.
Nothing
contained in the within chapter shall be deemed to require the acquisition
of a mercantile license by any farm or residential property for the
sale of produce grown on said farm or residential property at a roadside
stand located on said farm or residential property.
The proper enforcement of the provisions of
this chapter and related ordinances dealing with the regulation of
businesses shall be a proper concern of the Police Department of the
Township.
As used in this chapter, the following terms
shall have the meanings indicated:
Charitable and nonprofit organizations are exempt
from the provisions of this chapter.
[Amended by Ord. No. 92-15]
A.
Findings. The Township Council hereby makes the following
findings of fact:
(1)
The Township has enacted requirements for the licensing
of any person or entity engaged in conducting or operating a business
within the confines of the Township of Lower.
(2)
The United States Postal Service has not designated
a United States Post Office for the Township of Lower as a municipal
entity, thus requiring all Township mailing addresses to be directed
to subsections of the Township or surrounding communities.
(3)
Patrons of mercantile licensees may be deceived as
to the actual location of the business premises within the Township.
(4)
Patrons with grievances should be properly informed
to address those grievances to the Township which has provided penalties
and fines for violations by Township mercantile licensees.
B.
Designation of location required. Based upon the findings
of fact set forth above, any person or entity who or which receives
a mercantile license from the Township of Lower shall be required,
in any and all advertisements for the licensed business activity which
shall state the business location, to designate that location as "Lower
Township."
[Amended by Ord. No. 99-8; 8-7-2006 by Ord. No. 2006-14]
Any person, firm, corporation or other entity
violating any of the provisions of this chapter shall, upon conviction,
be subject to a fine of not less than $100 nor more than $1,250, or
imprisonment for any term not exceeding 90 days, or both, for each
violation. For the purposes of this chapter, each day during which
the violation occurs shall constitute a separate offense.
[Amended by Ord. No. 99-8]
No mercantile license may be issued until all delinquent local real property taxes on business-owned real property have been paid, and any license issued by the Township may be revoked or suspended if real property taxes have remained unpaid for a term of three consecutive quarters, as more specifically set forth in and subject to Chapter 413, Licenses and Permits, Article I, Payment of Taxes Required Prior to Issuance.
[Amended by Ord. No. 2001-13]
The holder of any mercantile license authorized
for issuance pursuant to this chapter shall execute and deliver to
the Township Clerk, concurrently with the filing of an application
for the issuance or renewal of such license, a power of attorney in
a form prescribed or approved by the Township Attorney wherein and
whereby the holder of such mercantile license shall appoint the Township
Clerk as his or her true and lawful attorney-in-fact for the purpose
of acknowledging service of any process from a court of competent
jurisdiction, pursuant to the rules governing the procedure of such
court, to be served against the licensee by virtue of any business
transacted or activity conducted in the Township pursuant to such
license.
[Added 11-1-2004 by Ord. No. 2004-21]
The terms "license" and "permit" may collectively
be referred to as "license."
A.
Causes for revocation:
[Amended 4-21-2008 by Ord. No. 2008-09]
(1)
Any license or permit issued by the Township pursuant
to the provisions of any ordinance of the Township may be revoked
by the Township Clerk after notice and a hearing in accordance with
N.J.S.A. 40:52-2. The Township Clerk shall conduct such hearings and
be the sole authority to revoke said license or permit for any of
the following causes, which shall not be deemed to be exclusive:
(a)
Fraud or misrepresentation in any application.
(b)
Fraud, misrepresentation or other dishonesty
in the conduct of the licensed activity.
(c)
A violation of any provision of this chapter.
(d)
Conduct of the licensed activity, whether by
the licensee or his or her agents or employees or tenants, in an unlawful
manner or in a manner that constitutes a breach of the peace or a
danger to the public health, safety or general welfare. When the location
at which the licensed activity is to be conducted has been cited for
a health, fire, building or land use code violation, and such cited
violation remains unabated or unresolved at the time a permit, license
or renewal is sought.
(e)
The commission of, or permitting or causing
the commission of, any act in the operation of the licensed activity,
which act is unlawful or is prohibited by any ordinance, rule or law
of the Township, state or federal government.
(f)
Conviction of the licensee or his or her agents
or employees or tenants of a licensee of a violation of any state
law or Township ordinance or regulation related to the licensed premises
or business activity. The Municipal Court Administrator shall, immediately
upon such conviction, provide written notice thereof to the Township
Clerk, who shall place such notice in the license file of the licensee.
Additionally, the Township Clerk shall provide a copy thereof to the
licensee.
(g)
Failure to permit the Township, its agents,
assistants, officers or inspectors to have access to any building
or premises for the purpose of ascertaining whether there has been
compliance with the provisions of this section and other local ordinances,
and any refusal thereof, shall be deemed a violation of this section.
(h)
Operation of the licensed premises in violation
of state or local land use provisions.
(i)
Failure to pay real estate taxes for the licensed
premises.
(j)
Failure to obtain a certificate of inspection.
(k)
Failure to pay all appropriate fees and/or penalties
due the Bureau of Fire Safety relating to the licensed premises.
(2)
In determining whether sufficient cause exists for
the revocation of a permit or license hereunder, the Township Clerk
shall consider, without limitation, the lack of proper supervision
provided by the licensee and the number of valid requests for police
assistance which were caused, in whole or in part, by acts or omissions
of the licensee or his or her agents or employees.
B.
Notice of hearing. Notice of a 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 upon which the
proposed revocation is based and the time and place of the hearing.
Notice 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.
C.
Hearing; determination. 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 licensee's own expense. The Township Clerk shall revoke or suspend
the license if the Township Clerk is satisfied by a preponderance
of the evidence that the licensee is guilty of the acts charged.
D.
Reinstatement of revoked licenses. The Township Clerk
may reinstate any license or permit revoked or denied in accordance
with this section if the Township Clerk is satisfied by clear and
convincing evidence that all violations of this section have been
cured and the acts which led to the revocation or denial will not
occur again; otherwise, no person whose license has been revoked or
denied, nor any person acting for that person, directly or indirectly,
shall be issued another license to carry on the same activity.
E.
Denial; renewal. Any license or permit application or renewal application made pursuant to the provisions of this chapter or any ordinance of the Township may be denied by the Township Clerk for any cause for revocation set forth in Subsection A.
F.
Exclusion of other penalties and provisions. It is
expressly declared that the provisions of this section are applicable
to any license or permit issued or applied for pursuant to any ordinance
of the Township of Lower. The provisions of this section are in addition
to any grounds for denial, renewal, suspension, cancellation, revocation
or other penalties set forth in any other ordinance of the Township.
G.
Transferability. No license or permit issued by the
Township shall be transferred from one person to another person, and
no license or permit shall cover any other place of business or activity
than that for which it was issued.
[Added 11-1-2004 by Ord. No. 2004-21]
The Township Council 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 provisions 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. The Township Manager may
appoint additional personnel, beyond those specified in this chapter,
to aid in the administrative, investigatory, and enforcement functions
and duties established by this chapter.
