[1991 Code § 133-1]
The purpose of this article is to provide a uniform set of procedures for administering the issuance, renewal and revocation of all licenses issued by the Borough, except alcoholic beverage licenses, dog licenses and taxicab licenses.
[1991 Code § 133-2]
A. 
All applications for licenses shall be accompanied by the required fee and shall be made to or through the Borough Clerk on forms provided by him/her. The forms shall be completed with the following information:
(1) 
The name and permanent and local address of the applicant; if the applicant is a corporation, the name and address of its registered agent.
(2) 
If the licensed activity is to be carried on at a fixed location, the address and description of the premises.
(3) 
If a vehicle is to be used, its description, including the license number.
(4) 
If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship.
(5) 
The days of the week and the hours of the day during which the licensed activity will be conducted.
(6) 
A description of the nature of the business and the goods, property or services to be sold or supplied.
(7) 
A statement as to whether the applicant has been convicted of any crime or the violation of any municipal ordinance other than a traffic offense and, if so, the date and place of conviction, the nature of the offense and the penalty imposed.
(8) 
Appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate his character and responsibility.
B. 
Applications by partnerships shall be signed by all partners, with the information required by this article supplied in detail as to each partner, and applications of corporations shall have attached individual statements containing all the information required by this section relating to each employee or agent who shall engage in the licensed activity and shall be signed by each employee or agent.
[1991 Code § 133-3]
Each application shall be referred to the Chief of Police or a Police Officer designated by him, who shall immediately institute whatever investigation of the applicant's business responsibility, moral character and ability to properly conduct the licensed activity he considers necessary for the protection of the public. He shall communicate his findings, in writing, to the Borough 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 shall disapprove the application, and the Clerk shall refuse to issue the license and notify the applicant. Otherwise, the Borough Clerk shall issue the license immediately, provided that the required license fees have been paid, except in cases where approval of the Mayor and Council 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 refusal of the issuance of the license, the applicant may appeal to the Council for a hearing. The appeal shall be filed, in writing, with the Borough Clerk within 14 days after notification of the refusal. The Council shall hold its hearing within 10 days thereafter, and its decision shall be final.
[1991 Code § 133-4; Ord. No. 860; Ord. No. 1997-1; Ord. No. 1999-01; Ord. No. 2000-15; Ord. No. 2008-09; Ord. No. 2016-22; Ord. No. 2018-01]
A. 
Fees shall be as follows:
License
Fee
Peddlers, hawkers and vendors
$75 per year
Solicitors and canvassers
$75 per month
Charitable solicitations
No fee
Movie theatres
$50 per year
Pool and billiard parlors
$50 per year
Coin-operated vending machines (in coin-operated laundries):
Automatic washers
$10 per machine per year
Dryers
$10 per machine per year
Coin changers
$10 per machine per year
Soap-dispensing machines
$10 per machine per year
Automatic vending machines:
Vending merchandise or service of any description (non-food)
$40 per machine per year
Amusement, skill and video machines
$100 per machine per year
Weighing scales
$30 per machine per year
Coin-operated phonographs
$75 per machine per year
Coin-operated reproducing machines
$60 per machine per year
Going-out-of-business sales
$150 per sale
Circuses and traveling shows
$100 per day
Auctions
$100 per day
Massage, Bodywork and Somatic Therapy Establishments
$500 per licensing cycle
Boardinghouses, rooming houses and rooming units[1]
$25 per boarder per year
[1]
Editor's Note: For additional license application information and regulations, see Ch. 13, Art. 13-10.
B. 
Fees shall be paid on an annual basis. However, in the event of a partial year of operation, the payment due shall be prorated to provide that one-fourth of the fee shall be paid for each quarter or partial quarter of operation.
C. 
Fees listed in § 4-1-4 shall be waived for any organization qualified as nonprofit under Section 501(c)(3) of the Internal Revenue Code.
[1991 Code § 133-5]
Licenses shall be in a form which the Council prescribes 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 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 Mayor and Council may require by resolution.
[1991 Code § 133-6]
The Borough Clerk shall keep a record of all licenses issued under this article. The record shall be in a form prescribed by resolution of the Council and shall contain the same information as is required by § 4-1-5 to be contained in the license. It shall also indicate the amount of the fee paid for the license, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal and any other information which the Mayor and Council may require by resolution.
[1991 Code § 133-7]
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 possession at all times and shall display it upon the request of any police officer or any person with whom he is doing business.
[1991 Code § 133-8]
Except as otherwise provided, a 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 Council by resolution. The general fee for the transfer of a license from place to place shall be $5.
[1991 Code § 133-9]
Except where expressly provided otherwise, all licenses shall expire on December 31 of the year of issue at 12:00 midnight. Applications for the renewal of licenses shall be made not later than December 1 of the year of issue.
[1991 Code § 133-10; Ord. No. 860]
A. 
Any license or permit issued by the Borough may be revoked by the Council after notice and a hearing for any of the following causes:
(1) 
Fraud or misrepresentation in any application for a permit or license.
(2) 
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
(3) 
A violation of any provision of this Code.
(4) 
Conviction of the licensee for any crime or offense involving moral turpitude.
(5) 
Conduct of the licensed activity, whether by the licensee himself or his 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.
B. 
Whenever a license is issued immediately upon an application, pending the results of the investigation provided for by this article, such license may be summarily revoked if the result of the investigation is such as would have resulted in denial of the application.
[1991 Code § 133-11]
Notice of a hearing for the revocation of a license or permit shall be given, in writing, by the Borough Clerk. The notice shall specifically set forth the grounds upon 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 last known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.
[1991 Code § 133-12]
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 own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The Council shall revoke or suspend the license if it is satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged.
[1991 Code § 133-13]
The Council may issue another license to a person whose license has been revoked or denied as provided in this article if, after a hearing, it is 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 nor any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity.
[1991 Code § 133-14]
The Council may, by resolution, make rules and regulations which interpret or amplify any provisions of this article or for the purpose of administering the provisions of this article or making them more effective. No regulation shall be inconsistent with or alter or amend any provision of this article, 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 article.
[1991 Code § 133-15; Ord. No. 860]
Any person convicted by the Municipal Court of the Borough of Hightstown for a violation of the provision of this article shall be subject to a fine of not more than $100 or imprisonment for a term not to exceed 90 days, or both. Each day that a violation of the provisions of this article continues shall be considered as a separate offense.