[HISTORY: Adopted by the Township Council of the Township
of Gloucester 9-9-1977 by Ord.
No. O-76-43. Amendments noted where applicable.]
This chapter shall be known as the "Mercantile Licensing Ordinance
of the Township of Gloucester."
As used in this chapter, the following terms shall have the
meanings indicated:
As used in both the singular and plural sense, includes all
kinds of vocations, occupations, professions, enterprises, establishments
and all other kinds of activities and matters, together with all devices,
machines, vehicles and appurtenances used therein, any of which are
conducted for private profit or benefit, either directly or indirectly,
on any premises in the Township of Gloucester, as set forth in N.J.S.A.
40:52-1 and Acts amendatory and supplemental thereto.
A sale held out in such a manner as to reasonably cause the
public to believe that the sale will offer goods damaged or altered
by fire, smoke, water or other means.
A sale held in such a manner as to reasonably cause the public
to believe that, upon the disposal of the stock and goods on hand,
the business will cease and be discontinued, including but not limited
to the following sales: adjuster's; adjustments; alterations; assignee's;
bankrupt; benefits of administrator's; benefit of creditors'; benefit
of trustees'; building coming down; closing; creditor's; executor's;
final days; forced out; forced out of business; insolvency; last days;
lease expires; liquidation; loss of lease; mortgage; receiver's; trustee's;
and quitting business.
Includes individual natural persons, partnerships, joint
ventures, societies, associations, clubs, trustees, trusts, corporations
or unincorporated groups; or any officer, agent, employee, servant,
factor or any kind of personal representative of any thereof, in any
capacity, acting either for himself or for any other person under
either personal appointment or pursuant to law.
Includes all land, structures, places and also the equipment
and appurtenances connected or used therewith in any business and
also any personal property which is either affixed to or is otherwise
used in connection with any such business conducted on such premises.
A sale held out in such a manner as to reasonably cause the
public to believe that the person conducting the sale will cease and
discontinue business at the place of sale upon disposal of the stock
and goods on hand and then move to and resume business at a new location
within the Township of Gloucester or will then continue business from
other existing locations in said Township.
It shall be unlawful for any person to conduct, engage in or
carry on any business, trade, occupation or activity as enumerated
in this chapter within the Township of Gloucester or, in using any
stand, store or other place or thing for which a license is required
under this chapter, without having first complied with the provisions
of this chapter and obtained a license therefor as herein provided.
However, nothing in this chapter shall be construed to authorize the
Township of Gloucester to require a license or to regulate any person
holding a license or certificate issued by any department, board,
commission or other agency of the State of New Jersey.
[Amended 9-23-1977 by Ord. No. O-77-28; 3-23-1981 by Ord. No. O-81-07]
A.
Applications for all licenses required by this ordinance shall be
made in writing to the Director of Licenses of the Township of Gloucester
on a form prescribed by the Township Manager, which the Township Manager
may amend from time to time to include further information necessary
for the proper enforcement of this chapter. Renewal applications must
be filed no later than the last business day of the month of January
of each year. Each application shall contain at least the following
information:
[Amended 11-28-2005 by Ord. No. O-05-46]
(1)
The name under which the business is to be conducted.
(2)
The name of the applicant (if a corporation, give names and addresses
of the president and secretary; if a partnership, give names and addresses
of all partners).
(3)
The present address of the applicant or applicants.
(4)
The address and location of the business to be conducted and the
proposed manner and use of the premises.
(5)
The nature of the business and the extent thereof.
(6)
A statement as to whether the applicant has ever had a license to
conduct the business described revoked or denied and the reason therefor.
(7)
Details of any arrest or convictions for misdemeanors and crimes,
including the nature of the offense for which the applicant was arrested
or convicted, the date of conviction and the place where said conviction
was obtained.
(8)
The business telephone number of the applicant.
(9)
The name and address of the applicant's attorney, if applicable.
(10)
The name and address of the registered agent, if the applicant is
a corporation.
(11)
A statement by the applicant that the information supplied in the
application to induce the Township of Gloucester to issue the license
is true and correct and that the applicant agrees to comply with all
laws and ordinances of the State of New Jersey and the Township of
Gloucester applicable to the subject matter thereof.
Whenever a license is required for the maintenance, operation
or conduct of any business or establishment or for doing any business
or engaging in any activity or occupation, any person or corporation
shall be subject to the requirement if, by himself or through an agent,
employee or partner he holds himself forth as being engaged in the
business or occupation or solicits patronage therefor, actively or
passively, or performs or attempts to perform any part of such business
or occupation in the Township of Gloucester.
All licenses, permits and applications therefor shall be prepared
and kept on file by the Director of Licenses, and each license or
permit issued shall bear the signature of the Director of Licenses,
together with the date of the issuance, in the absence of any provision
to the contrary.
A.
Upon receipt of an application for a license, the Township Clerk
shall refer such application to the proper officials or officers for
the making of the necessary investigation or inspection. The officials
shall make a report thereon, favorable or otherwise, within 15 days
after receiving the application or a copy thereof. The Zoning Official
shall make the appropriate zoning inspections. All other investigations,
except where otherwise provided, shall be made by the Chief of Police
or his designee. Before the Chief of Police shall recommend a mercantile
license, he shall first make a determination that the applicant does
not have a criminal record or is not presently indicted for a crime
in this state or any other state which would reasonably relate to
the nature of the business to be conducted by the applicant; that
the proposed business would not be detrimental to the public health,
safety or welfare of the community; that the applicant had not conducted
any business in violation of any local ordinances or state statutes;
that the applicant has not permitted persons to conduct illegal activities
on the premises of a business previously maintained in the Township;
and that the proposed business would not be a public nuisance.
[Amended 11-24-2008 by Ord. No. O-08-28]
B.
Each above-mentioned official shall maintain records of each application
submitted to him or her. Said officer shall note thereon the disapproval
or approval of the application and the reasons therefor, and the official
shall report the same to the Director of Licenses within the time
hereinabove provided.
[Added 3-23-1981 by Ord.
No. O-81-07]
[Amended 5-27-1981 by Ord. No. O-81-12]
All licenses shall be approved by the Director of Licenses based
upon the qualifications of the applicant and the recommendation and
reports of the investigating officials. In determining whether the
applicant or licensee (either upon a new application or a renewal)
has complied with the general laws and statutes of the State of New
Jersey and the ordinances of the Township of Gloucester, the Director
of Licenses shall be guided in making his determination by the following
standards:
A.
The Zoning Ordinance of the Township of Gloucester.
B.
The provisions of the Construction Code of the Township of Gloucester.
C.
The Sanitary Code of the Township of Gloucester.
D.
The Fire Prevention Code of the Township of Gloucester or the applicable
Fire Prevention Code of the fire district.
E.
Any and all other applicable regulatory codes and ordinances of the
Township of Gloucester, including public health statutes and codes
of the State of New Jersey, which are applicable to the Township of
Gloucester.
F.
The license history of the applicant regarding past violations, revocations
or suspensions and the timeliness of past applications for licenses
and the applicant's continued compliance with the license requirements.
[Amended 9-23-1977 by Ord. No. O-77-28; 9-28-1987 by Ord. No. O-87-39]
All annual licenses shall terminate on the last business day
of January each year.
[Amended 11-24-2008 by Ord. No. O-08-28]
A.
No license shall be issued for the conduct of any business and no
permit shall be issued for any thing or act if the premises and building
to be used for the proposed business or activity do not fully comply
with the requirements of the Township's regulatory provisions.
B.
The issuance of a mercantile license shall not be deemed a waiver
from any other necessary permits or required certificate of occupancy
for a business premises.
The location of any licensed business or occupation or of any
permitted activity may be changed, provided that 10 days' notice thereof
is given to the Director of Licenses and the approval is granted by
the governing body, and provided that the requirements of all regulatory
ordinances are complied with.
No business, licensed or not, shall be so conducted, carried
on or operated so as to amount to a nuisance in fact.
Whenever inspections of the premises used for or in connection
with the operation of the licensed business activity or occupation
are provided for or required by ordinance or are reasonably necessary
to secure compliance with any ordinance provision or to detect violations
thereof, it shall be the duty of the licensee or the person in charge
of the premises to be inspected to admit thereto, for the purpose
of making the inspection, any officer or employee of the Township
who is authorized or directed to make such inspections, at any reasonable
time that admission is required.
[Amended 5-27-1981 by Ord. No. O-81-12]
The Director of Licenses shall have the right to suspend or
revoke any license or permit whenever the holder thereof or any of
the licensee's agents or servants violate any provision of this chapter,
the laws of the State of New Jersey or any rules or regulations promulgated
as herein provided. Prior to the revocation of a license, a written
notice of the contemplated action of the Director of Licenses shall
be served upon the licensee, setting forth each charge as may be the
reason for said proposed revocation and the place, date and hour when
the Director of Licenses will hear the matter. The licensee may be
represented by counsel at such hearing.
Licenses issued under this chapter shall be posted at the place
of business shown on said license, in a conspicuous place. Said license
shall remain posted for the duration of the licensing year when issued
and so long as the licensed business is in operation.
[Amended 9-23-1977 by Ord. No. O-77-28; 5-27-1981 by Ord. No. O-81-12; 11-28-2005 by Ord. No. O-05-46]
A.
The license fees to be paid to the Township of Gloucester for conducting
or engaging in the business, trade or activity classified and listed
in Schedule A, attached hereto,[1] at the place designated in the license certificate shall
be as follows:
B.
Schedule A shall read as follows:
|
Type of Business
|
|---|
|
Advertising business
|
|
Antique store
|
|
Appliance, retail or wholesale
|
|
Auction, goods commonly sold at auction
|
|
Auto accessory store
|
|
Auto body shop
|
|
Auto garage, paid parking
|
|
Auto repair
|
|
Barbershop
|
|
Beauty shop
|
|
Boardinghouse
|
|
Carnival
|
|
Car wash, automatic
|
|
Catcher
|
|
Circus
|
|
Concession, independent within an established store
|
|
Confectioner
|
|
Dancing academy or studio
|
|
Delicatessen, retail food
|
|
Diner
|
|
Drugs, patent medicine and medical supplies, no luncheonette
|
|
Drugs, patent medicine and medical supplies, with luncheonette
|
|
Dry cleaning, plant on premises
|
|
Dry cleaning, retail, no plant on premises
|
|
Dry goods and notions
|
|
Electrical supplies
|
|
Florist
|
|
Flower plants, shrubs and garden supplies
|
|
Food and drink
|
|
Food store
|
|
Fortune teller
|
|
Fruit and produce stand, retail or wholesale
|
|
Furniture and house furnishings
|
|
Gas station with food store
|
|
Golf course, miniature
|
|
Hardware, wholesale or retail
|
|
Health spa
|
|
Hotel or motel
|
|
Ice cream parlor
|
|
Ice dealer
|
|
Jeweler, wholesale or retail
|
|
Keys and locksmiths
|
|
Landscaper
|
|
Laundry business, collection and distribution
|
|
Laundry plant
|
|
Laundry, self-service
|
|
Laundry, with dry cleaning
|
|
Lumber dealer
|
|
Luncheonette, separate or in another establishment
|
|
Lunch wagon
|
|
Lunch wagon establishment
|
|
Machine shop
|
|
Meat, wholesale or retail
|
|
Millinery
|
|
Miscellaneous (ice)
|
|
Motorcycle agency
|
|
Newspaper publishing
|
|
Newsstand or news dealer
|
|
Oil or fuel supplies or service
|
|
Optical goods
|
|
Pawnbroker
|
|
Photo supplies or photographs
|
|
Plumbing supplies
|
|
Pool hall, separate or as concession
|
|
Radio and television store
|
|
Restaurant, drive-in, fast food
|
|
Restaurant, sit down
|
|
Seafood business
|
|
Secondhand store
|
|
Shoe repair
|
|
Sporting goods store
|
|
Stationery and supplies
|
|
Storage or warehouse
|
|
Stores not classified
|
|
Supermarket
|
|
Swimming pool, private or commercial
|
|
Theater
|
|
Tool rental
|
|
Trailer sales
|
|
Undertaker
|
|
Upholsterer
|
|
Wood business, sale of firewood
|
[Amended 5-27-1981 by Ord. No. O-81-12; 11-28-2005 by Ord. No. O-05-46]
All businesses, trades and activities which have not been classified or listed in the schedule of license fees of this chapter for each location, or otherwise provided for in any other licensing ordinance of the Township of Gloucester, shall pay a license fee in accordance with § 63-17A(1).
This chapter shall not apply to any business or occupation licensed
under those various laws of this state which prohibit licensing by
municipalities.
No license or permit provided for by this chapter shall be transferred
from one person to another, and no license shall cover any other place
of business other than that for which it was issued.
No person or persons shall be permitted to engage in, carry
on or conduct any business under any license or permit granted under
this chapter except that business for which said license was issued.
This chapter shall not apply to orders taken without the Township,
nor to soliciting of orders by wholesale dealers from retail dealers,
nor to deliveries by wholesale dealers to retail dealers, nor to the
sale or delivery of newspapers, magazines or periodicals.
The fees herein imposed for business and mercantile licenses
are revenue producing in nature, but said fees are used primarily
in an attempt to cover the costs of administration and inspections
of such businesses, to assure compliance with the laws of the State
of New Jersey and the ordinances of the Township of Gloucester. It
is the intent of this chapter to ensure the fact that all business
of whatever kind and wherever situate in this Township shall be inspected
periodically to ensure compliance with the laws as aforesaid. In certain
instances there are those businesses which warrant additional police
surveillance and inspection. There are those businesses which attract
an unusual amount of vehicular traffic, necessitating additional regulation
and enforcement. These fees provide a reasonable relationship to the
cost of regulation and administration.
The proper enforcement of the provisions of this chapter dealing
with mercantile licenses shall be within the jurisdiction of the Director
of Licenses of the Township of Gloucester, Gloucester Township Police
Department, and those officials charged with providing the necessary
inspections and regulations.
A.
Pursuant to N.J.S.A. 40:49-5, any person, firm, association or corporation
violating any section of this chapter shall, upon conviction in the
Municipal Court having jurisdiction, be subject to a fine not exceeding
$2,000 or imprisonment in the county jail, or in any place provided
by the municipality for the detention of prisoners, from any term
not exceeding 90 days, or both.
[Amended 8-22-2022 by Ord. No. O-22-12]
B.
Any person convicted of the violation of any ordinance may, in the
discretion of the court by which he was convicted and in default of
the payment of any fine imposed therefor, be imprisoned in the county
jail, or in any place of detention provided by the municipality, for
any term not exceeding 90 days.
C.
The court before which any person is convicted of violating this
chapter shall have power to impose any fine or term of imprisonment,
or suspension thereof, not exceeding the maximum fixed in this chapter.
A.
For a going-out-of-business sale or removal-of-business sale or a
fire-or-other-altered-goods sale, no person shall be granted a license,
unless:
(1)
He has been the owner of a business as described in the application
for a license hereunder for a period of at least six months prior
to the date of the proposed sale.
(2)
He has not held a similar sale at the location stated in the application
within one year last past from the date of such application.
(3)
It applies to only one business and is not conducted or advertised
in cooperation or by participation with any other business.
(4)
He shall file with the Director of Licenses a complete inventory
of goods that are to be offered for sale.
B.
In such cases, the license shall:
(1)
Authorize only one type of sale described in the application at the
location named therein.
(2)
Authorize only the sale of goods described in the inventory filed
with the Director of Licenses and shall forbid additions or replacements.
(3)
Continue for a period not exceeding three months from the date of
the granting of the license and shall not be renewable, assignable
or transferable.
The Township Council of the Township of Gloucester may authorize
the issuance of special permits without the payment of any license
fee or other charge therefor to any public, charitable, educational,
literary, fraternal or religious organization having its location
in the Township of Gloucester for the conduct or operation of a temporary
nonprofit enterprise for a public, charitable, educational, literary,
fraternal or religious purpose. The applicant, however, shall submit
the usual application form in the manner as hereinbefore required
and shall operate, if granted a permit, in accordance with the requirements
of this chapter.
No person shall conduct, engage in, operate or otherwise carry
on a business, licensed or not, which may constitute a danger, menace
or otherwise be detrimental to the general public health, safety and
welfare or make any fraudulent or false statements or misrepresentations
in connection with the sale of goods, wares or merchandise. In addition,
any applicant who shall have made any false, fraudulent or misleading
statements in his application for license may be denied a license
or be subject to having his license revoked.
All ordinances and provisions thereof inconsistent with the
provisions of this chapter shall be and are hereby repealed to the
extent of such inconsistency.
If any article, section, subsection, sentence, clause or phrase
of this chapter is for any reason held to be unconstitutional or invalid,
such decision or invalidity shall not affect the remaining portions
or provisions of this chapter.
This chapter shall take effect immediately after final passage
and publication in accordance with the laws of the State of New Jersey.
