The purpose of this article is to provide a uniform set of procedures
for applications by and licensing of an applicant seeking to operate
and administer a shop local program within the Borough.
As referred to in this article and all applicable subsections,
the following terms shall have the following meanings:
APPLICANT
The entity seeking a license to design, operate and administer
a shop local program to stimulate local commerce by providing property
tax credits or other such rewards in connection with purchases by
taxpayer consumers made at participating merchants, as defined herein.
The term "applicant" may also refer to a "licensee" after a license
is awarded to an applicant pursuant to the terms of this article.
PARTICIPATING MERCHANT(S)
Business(es) with a location in the Borough, or located outside
the Borough but not competing with any local business ("destination
businesses"), which voluntarily register and enter into an agreement
with applicant to participate in the shop local program.
SHOP LOCAL PROGRAM
Any program whereby taxpayer consumers make purchases at
participating merchants and earn property tax credits to satisfy a
taxpayer consumer's property tax obligations to the Borough or
earn credits for check rebates for purchases made at participating
merchants.
TAXPAYER CONSUMER(S)
Borough property owners, residents, residents of other municipalities
who work in Eatontown, or any other such individual, who voluntarily
registers and enters into an agreement with the applicant to participate
in the shop local program.
No person or entity shall operate a shop local program within
the Borough unless the entity seeking to operate same is licensed
pursuant to the terms of this article.
The first license granted to an applicant shall be for a term
of one year from the date of issuance of the license by the Borough
Clerk after Borough Council approval. After the expiration of the
first year, the license shall be automatically renewed for a term
of three years from the date of issuance of the license by the Borough
Clerk, provided the applicant's license has not been revoked
or suspended. If the applicant's license has been revoked or
suspended, all requests for renewals must be presented to the Borough
Council.
An applicant's license may be revoked or suspended pursuant
to the terms of this article. In addition to the causes for revocation
or suspension specified therein, the applicant's license may
be revoked or suspended by the Council after notice and a hearing
for any of the following reasons:
A. Applicant fails to timely remit payments to the Borough to satisfy
obligations due to the Borough from taxpayer consumers.
B. Applicant does not satisfy its obligations to the Borough, as set
forth in the terms of this article or in the terms and conditions
set forth in the license application as approved by the Borough Council.
C. The Borough learns of the existence of entry of a judgment, or an
unsatisfied judgment of record, entered against the licensee or applicant
in any suit arising from or in relation to the operation of any shop
local program.
D. Applicant fails to comply with any and all applicable laws of the
State of New Jersey, the ordinances of the Borough, or the rules and
regulations adopted in accordance with this article.
E. The Borough learns of the intentional misrepresentation of information
on an application for a license or a request for a renewal.
The Borough will only provide credits to a taxpayer consumer's
property tax bill after payment is received from a licensee with respect
to the specific property tax account. If the Borough does not receive
payment relating to a property tax credit, whether or not such rebates
were collected by the licensee, the taxpayer consumer will be responsible
for the full amount of the property tax liability as if the credits
were never provided by the participating merchant.
In addition to suspension and/or revocation of any license issued
hereunder, and in addition to any applicable state penalties, any
violation of the provisions of this article, or any violation of the
terms and conditions of the applicant's application, shall be
punishable up to a $2,000 penalty per violation per day and up to
90 days in jail.