[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 § 133-3]
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, amended 7-21-2000; 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
|
$25 per Boarder per year
|
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.