[HISTORY: Adopted by the Township Committee of the Township
of Middle 11-20-2023 by Ord. No. 1685-23. Amendments noted where applicable.]
This chapter shall be known and may be cited as "Business Registration
Licensing Requirement" in the Township of Middle.
Application for a license to conduct a business, or operate
a business within the confines of the Township of Middle, shall be
made to the Township Clerk. Upon application and the payment of the
fee prescribed herein, a license shall be issued, which license shall
bear the name of the person to whom it is issued, the nature of the
business licensed, and the location at which the business is to be
carried on.
All licenses under this chapter shall be due and payable on
January 1 of each year and shall terminate and become invalid on December
31.
As used in this chapter, the following terms shall have the
meanings indicated:
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, as
set forth in N.J.S.A. 40:52-1 and acts amendatory and supplemental
thereto, inclusive of transient businesses and merchants. A transient
business shall include types of businesses that provide services to
residents and business owners within the Township, inclusive of landscapers,
contractors, builders, and other similar entities.
Transient businesses may be seasonal in nature, operating
only during certain times of the year when demand for their services
is high. They may also be location-specific, working in a particular
region or area for a limited time period. These businesses may also
have principal offices outside the boundaries of Middle Township,
however, provide professional services to commercial and residential
businesses within the Township.
Includes an individual, firm, corporation, or any other organization,
entity, or association.
Includes all land, structures, places, and also 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.
It shall be unlawful for any person, firm, corporation, or other
business entity to commence or carry on any profession, trade, business,
or rental unit (inclusive of the owner-occupied premise) without first
having procured a business registration license from the Township
authorizing such operation within the Township of Middle.
C.
An applicant conducting an occupation at one or more locations shall
be required to obtain a business registration license for each address,
building, or building unit (unless connected by a common interior
door and used for the same occupation), property, structure, or premises
to conduct such occupation. Noncompliance with any and all of the
provisions of this chapter, or any other ordinance adopted by the
Township being in full force and effect, shall constitute a separate
and distinct violation for each and every day that such occupation
continues to be conducted without procuring a registration.
D.
Middle Township Code Officials, or any of their designated representatives,
shall enforce the registration license requirement, and the codes
and regulations adopted herein, in all buildings, structures, and
premises within the established boundaries of Middle Township.
E.
Business owners, and owners of a rental unit or units, are required
to maintain liability insurance policies of no less than $500,000.
F.
The owner of a multifamily home which is four or fewer units, one
of which is owner-occupied, shall maintain liability insurance for
negligent acts and omissions in an amount of no less than $300,000
for combined property damage and bodily injury to or death of one
or more persons in any one accident or occurrence.
G.
The owner of a business, owner of a rental unit or units, and the
owner of a multifamily home of four or fewer units, one of which is
owner occupied, shall annually register the certificate of insurance
demonstrating compliance with section 1 [N.J.S.A. 40A:10A-1] of this
act with the municipality in which the business, rental units, or
multifamily home is located.
A.
The annual registration fee of $75 shall be paid to the Office of
the Township Clerk, or other designated department, on a form as outlined
and provided by the Township, with all other insurance requirements
as outlined in the law.
B.
Late fees. All annual fees for business registration licenses are
to be paid on or before January 1 of the year of the intended operation
or conduction of business. Any business owner or operator who conducts
any business governed by this chapter of the Middle Township Ordinances,
who has not paid the required annual fee set forth herein by the January
1 deadline, will be subject to a late fee of $75 in addition to that
fee which is normally required.
Licenses issued under this chapter shall be posted at the place
of business shown on the license in a conspicuous place. The license
shall remain posted for the duration of the licensing year when issued,
and so long as the licensed business is carried on.
No business shall be permitted on the location licensed other
than that for which the license is issued.
The issuance of a license under this chapter is in addition
to, and not in derogation of, any law of the State of New Jersey or
ordinance of the Township regulating the business so licensed. Failure
to comply with the regulations set out in the laws or ordinances shall
be cause for revocation of the license by the Township Committee by
due notice and hearing.
The proper enforcement of the provisions of this chapter and
related ordinances dealing with the regulation of businesses shall
be a proper concern of the Police Department of the Township.
No business registration license may be issued until all delinquent
local real property taxes on business-owned real property have been
paid, and any license issued by the Township may be revoked or suspended
if real property taxes have remained unpaid for a term of three consecutive
quarters.
Any person, firm, corporation or other entity violating any
of the provisions of this chapter shall, upon conviction, be subject
to a fine of not less than $500 nor more than $5,000, or imprisonment
for any term not exceeding 90 days, or both, for each violation. For
the purposes of this chapter, each day during which the violation
occurs shall constitute a separate offense.
