[HISTORY: Adopted by the Township Committee of the Township of Buena Vista 2-13-2023 by Ord. No. 125-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch. 165 but was redesignated to maintain the organizational structure of the Code.
No person shall engage in or carry on any business in the Township of Buena Vista, nor aid or assist as employee, Clerk or otherwise, in carrying on such business or in using any wagon, vehicle, stand, store or other place or thing, nor sell or offer for sale any goods or things for which a license is required by the terms of this chapter unless a license as herein provided for shall have been first obtained.
A. 
Application for a license shall be made to the Municipal Clerk of the Township of Buena Vista, New Jersey. No license shall be granted until an application, to be supplied by the Township, has been properly completed and executed and payment for said license, as required, shall have been made in full. Every license shall specify the person to whom it shall be issued, the business for which it is granted, including a complete description of the proposed business, and the location at which said business is to be carried on. In the event that the applicant is a corporation, then the applicant shall submit a copy of its certificate of incorporation, the names and addresses of each person owning 10% or more of the shares of stock issued by said corporation, and the names and addresses of the officers of said corporation, specifying the office held by each said person, together with the name and address of the registered agent for said corporation. In the event that the applicant is a partnership, then and in such event the applicant shall supply the Township with the name and address of each partner, general or limited, having at least a 10% interest in said partnership.
B. 
In the event that the Municipal Clerk shall have reasonable cause to believe that the information submitted on and/or attached to the application by the applicant is not complete or is incorrect, whether supplied in such a manner intentionally or unintentionally, and/or in the event that the Municipal Clerk shall have reasonable cause to believe that the nature of the business proposed to be conducted by the applicant and/or persons to be involved in said business would be detrimental to the health, welfare and/or general safety of the citizens of the Township of Buena Vista, or if said business has not obtained a zoning permit to operate, the Municipal Clerk shall have the right to deny said license. The Municipal Clerk shall issue said license or shall deny said license within 10 days from the date of receipt of the application and fees as provided for herein.
C. 
Each applicant shall indicate whether the business shall in any manner be involved in the handling, storing, sale or lease of any hazardous and/or explosive materials, itemizing within the application the particular materials involved.
All license fees shall be due and payable to the Township of Buena Vista at the office of the Municipal Clerk, 890 Harding Highway, P.O. Box 605, Buena, NJ 08310, on the 15th day of May of each year, and all such licenses shall expire on the 14th day of May following.
The license fees to be paid annually as above provided to the Township of Buena Vista, for conducting the businesses covered by this chapter at the places to be designated in the license certificate issued therefor, for the type of service hereinafter designated, shall be as follows:
A. 
For purposes of this section, a change of address for a business or business name shall require a fee of $15.
B. 
The license fee shall be $75 for a business license.
C. 
For the purpose of this section, a change of ownership in a business shall require the purchase of a mercantile license and a fee of $75 from May 15 to November 15; and $40 from November 16 to May 14.
No person or persons shall be allowed to transact any business under any license granted under this chapter, except the business for which such license was especially granted.
A. 
No license certificate shall be issued to any person who has not complied with the laws of the United States of America, the State of New Jersey, or the ordinances of the Township of Buena Vista with respect to the provisions of regulations and/or ordinances or statutes respecting the health, safety and general welfare of the citizens of the Township of Buena Vista who may have occasion to use the premises, place or thing licensed.
B. 
In any case where the person licensed fails to comply with such laws or ordinances and/or with any other law or ordinance respecting the general health, welfare and/or safety of the citizenry, upon due written notice to the licensee setting forth the alleged violations and establishing an opportunity to be heard in a public meeting within 45 days thereafter, the Township Committee for the Township of Buena Vista may revoke such license, either temporarily or permanently, as the Township Committee shall deem for in accordance with the guidelines hereinafter set forth. The following shall be grounds for the Township Committee to temporarily revoke a mercantile license for a period not to exceed six months. (Each violation may give rise to temporary revocation for a period not to exceed six months, and each date of existence of a violation shall be considered a separate violation.)
(1) 
Any violation of a municipal ordinance and/or the criminal statutes of the State of New Jersey which call for a penalty not exceeding that provided for when found guilty of a disorderly person's offense under said criminal code; provided, however, that said offense shall be in some way related to or involve the operation of the business in question.
(2) 
Any violation set forth above which gives rise to a temporary revocation which is before the Township Committee for the second time or more, whenever said violation(s) is/are found to be a fact by said Township Committee, and whenever the licensee is the same licensee who previously came before the Committee and was found to be in violation and/or any successor thereto when the persons and/or principals being charged a second or more time(s) were involved in the previous hearing before the Township Committee and own 50% or more of an interest in the succeeding licensee.
C. 
No license provided for in this chapter shall be transferable from one person to another, and no license shall cover any other place of business other than that for which it was issued.
D. 
A revocation hearing may take place at any time after the initial issuance of a license in accordance with the provisions of this chapter hereinabove set forth.
The fees herein imposed for such licenses are imposed for revenue purposes where necessary to conduct investigations and to enforce laws. Otherwise said fees are collected to cover administrative processing costs, all in accordance with the provisions of N.J.S.A. 40:52-1 et seq., as amended.
Pursuant to P.L. 2022, c. 92, and any other laws adopted thereafter by the legislatures of the State of New Jersey, institutes a minimum liability insurance requirement for owners of businesses. The law requires owners of businesses to maintain liability insurance for negligent acts and omissions in an amount no less than $500,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or coverage minimum which becomes effective for insurance policies issued on or after February 1, 2023. Owners are required to annually register the certificate of insurance in the municipality where the business is located.
The use of the word "person" shall, for the purpose of this chapter, be deemed to include persons, firms, copartnerships, and corporations.
The use of the word "business" shall, for the purpose of this chapter, be deemed to include businesses, trades, callings, vocations, and all professions, including all home occupations and contracting services, which normally would be specifically excluded by state statute or case law of the State of New Jersey. If there is no physical location or office for the business, there will be no exemption within the law for the obligation of the business to maintain the coverage and for the Township to verify same.
It shall be a condition to the issuance of any and all licenses under this chapter that said business shall be used and operated only for lawful purposes.
A. 
If for any reason whatsoever within the meaning of this chapter the Municipal Clerk shall decline to issue a business license to an applicant, the applicant must first have obtained a zoning permit or Planning Board approval, and then shall have the right, upon the filing of a written notice with the Municipal Clerk, to appeal said ruling to the Township Committee within 30 days from the date of a receipt of a written denial of said license from the Municipal Clerk. Upon giving a written notice of intention to appeal to the Township Committee to the Municipal Clerk, the applicant shall be entitled to a hearing before the Township Committee within 60 days from the date of said notice. Thereafter, the Committee shall render a decision either affirming, revoking or amending the decision of the Township Clerk, as it shall see fit, within 15 days from the date of the conclusion of said hearing, and the failure to do so shall be construed as if said license were granted in the manner applied for. Nothing herein shall be construed to prohibit the applicant to agree to grant the Township Committee an extension of time within which to consider and render its decision for a period of time to be agreed upon by the parties.
B. 
An appeal shall not be filed against the Township of Buena Vista if the business has not been granted a zoning permit and/or approval from the Joint Land Use Board for approval to operate said business at the location specified on the application.
The Code Enforcement Officer shall have the authority to violate any business or entity which violates any of the provisions of this chapter who shall, upon conviction in the Municipal Court of the Township of Buena Vista, be punished for each offense by a fine of not less than $500 and not more than $2,000, imprisonment of not more than 90 days, and/or a period of community service for not more than 90 days.
Every person conducting business required to be licensed hereby shall permit the Township Clerk, or their accredited agents or assistants, to have access to any buildings or premises for the purpose of ascertaining whether there has been compliance with the provisions of this chapter and other ordinances and to determine the fees to be paid. Any refusal thereof shall be deemed a violation of this chapter and be subject to the penalties.
A. 
In no event shall a business license be issued, nor shall such license be renewed for the holder thereof, if he is the owner of real estate upon which there is due and owing to the Township any property taxes, assessments, or any other fees wherein the business or activity for which the license or permit is sought or wherein the business or activity is to be conducted. Said business license may be revoked or suspended when any licensee who is an owner of the property upon which the licensed business or activity is conducted has failed to pay the taxes or assessments for at least three consecutive quarters.
B. 
Upon payment of the delinquent taxes or assessments, the license or permit shall be restored.
C. 
The provisions of this section shall not apply to or include any alcoholic beverage license or permit issued pursuant to N.J.S.A. 33:1-1 et seq.
Any person or entity which receives a business license from the Township shall be required, in any and all advertisements for the licensed business activity which states the business location, to state that location is Buena Vista Township, New Jersey.