[HISTORY: Adopted by the City Council of
the City of Long Branch 1-26-1971 by Ord. No. 590 as Ch. VII of the 1971 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Pawnbrokers — See Ch. 250.
Peddling and soliciting — See Ch. 256.
Special sales — See Ch. 276.
[1]
Editor's Note: The power to license and to
prescribe license fees is contained in N.J.S.A. 40:52-1 and 40:52-2.
The power to license and regulate licensing is also an aspect of the
general police powers granted by N.J.S.A. 40:69A-29 and 40:69A-30.
As used in this chapter, the following terms
shall have the meanings indicated:
Any machine, operated mechanically, electrically or otherwise,
which, upon the insertion of a coin, slug, token, plate or disc, may
be operated by the public generally for use as a game, entertainment
or amusement, whether or not registering a score. It shall include
such devices as jukeboxes, marble machines, pinball machines, skill
ball games, mechanical grab machines and all other games, operations
or transactions similar thereto under whatever names they may be designated.
All kinds of vocations, occupations and 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 city or anywhere else within
its jurisdiction.
[Amended 3-13-1973 by Ord. No. 676; 10-27-1998 by Ord. No. 36-98]
A sale held in such 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 manner as to reasonably cause the public
to believe that, upon the disposal of the stock of goods on hand,
the business will be discontinued, including but not limited to sales
of adjusters, adjustment, alteration, assignees, bankruptcy, benefit
of administrations, benefit of creditors, benefit of trustees, building
coming down, closing, creditors' committee, creditors, end, executors,
final days, forced out, forced out of business, insolvency, last days,
lease expires, liquidation, loan of lease, mortgage sale, receivers,
trustees and quitting business.
Any goods, wares, merchandise or other property capable of being the object of a sale conducted under Chapter 276.
Any tag, plate, badge, emblem, sticker or other kind of device
which may be required for use in connection with any license.
Any old, discarded and unused waste iron or other metal substance,
glass, paper, machine parts, accessories, discarded machinery or discarded
machines, in whole or in part, unregistered motor vehicles which are
unfit for reconditioning or for sale for highway transportation, used
parts of motor vehicles and any material commonly known and generally
referred to as "junk" in the ordinary meaning of the word, acquired
or collected commercially.
Any person who buys or otherwise acquires junk for commercial
purposes within the city or who collects and stores junk.
Any lot of land or premises within the city in which junk
of any kind or description is placed, collected, stored or kept.
Includes respectively the words "permit" or "permittee" or
the holder for any use or period of time of any similar privilege
wherever relevant to any provision of this chapter or other chapter
in this Code.
All structures, places and also the equipment and appurtenances
connected or used in any business and any personal property which
is either affixed to or is otherwise in connection with any business
conducted on the premises.
A sale held in such a manner as to reasonably cause the public
to believe that the person conducting the sale will discontinue business
at the place of sale upon disposal of the stock of goods on hand and
will resume business at a new location or will continue business from
other existing locations.
[Added 9-27-1988 by Ord. No. 62-88]
A.
Compliance required.
(1)
It shall be unlawful for any person, firm or corporation
to maintain an office or place or business to conduct, engage in or
carry on any business, trade or occupation within the City of Long
Branch, County of Monmouth, without first complying with the provisions
of this section and obtaining an initial license and complying with
annual renewal procedures therefor as provided herein.
(2)
For the purposes of this chapter, a person shall be
deemed to be engaged in a business when he/she does one act of:
(3)
The agents, servants, employees or other representatives
of corporations, partnerships, individual natural persons, joint ventures,
societies, associations, clubs, trustees, trusts or unincorporated
groups shall be personally responsible for compliance with this chapter
by their principals and by the businesses they represent.
(4)
No license shall be required of any person for the
mere delivery in the city of any property purchased or acquired in
good faith from such person at his/her regular place of business outside
of the city where no intent by the person is shown to exist to evade
the provisions of this section.
(5)
No provision of this section shall be applied so as
to impose any unlawful burden on either interstate commerce or any
activity of the state or federal government.
B.
Applications.
(1)
General information. Every person required to procure
a license shall submit an application on the prescribed form to the
Supervisor of Licenses and Permits. Each application may contain the
following:
(a)
The name of the applicant; if a corporation,
the names and home addresses (P.O. box addresses not acceptable) and
home telephone numbers of the President and Secretary shall be set
forth; if a partnership, the names and addresses of all partners shall
be set forth.
(b)
The name under which the business is to be conducted.
(c)
The address (P.O. box address is not acceptable)
at which the business is to be conducted.
(d)
The specific nature of the business.
(e)
Whether or not the applicant has ever had a
license to conduct a business in the City of Long Branch which has
been denied or revoked. If such license has been denied or revoked,
the applicant shall set forth in detail the facts leading to such
action.
(f)
The details of any conviction for crimes of
the first, second, third or fourth degree, the date of the conviction
and the place where said conviction was obtained.
(g)
The business telephone number of the applicant.
(h)
If a corporation, the name and address of the
registered agent thereof.
(2)
Moral character. No license or renewal thereof shall
be issued to any person not of good moral character. If the applicant
is not an individual, these provisions shall apply to the officers
and managers.
(3)
Prior to the issuance of a license, the Supervisor
of Licenses and Permits may cause a routine police check to be made
of the applicant to verify the validity of the information above described.
The Police Department shall report in writing affirmatively or negatively
within 14 days after the request is made, indicating recommendations
for approval or disapproval of the granting of the license and the
reasons therefor.
(4)
After submission of the application and the required
fees to the Supervisor, he/she shall make any investigation necessary
and indicate his/her written approval or disapproval of the license
application within 30 days after the application is filed. If approved,
the initial license shall be issued in the name of the applicant.
If disapproved, the Supervisor shall notify the applicant, in writing,
of disapproval and the reasons therefor, and the applicant shall have
10 days from the receipt of notice to appeal the decision of the Supervisor
to the City Council, which, after due hearing, may affirm or reverse
the decision of the Supervisor.
C.
Certificate of information; agreement to comply. When
submitting the information described in the preceding subsections,
the applicant shall certify that such information is supplied to the
City of Long Branch with the full understanding that the city shall
rely upon the accuracy of the facts set forth therein in granting
the mercantile license. By its submission for a mercantile license,
the applicant further agrees to comply with all laws and ordinances
of the City of Long Branch applicable to the operation of said business.
D.
Authorization to prepare forms. The Supervisor of
Licenses and Permits is hereby authorized to prepare any and all necessary
forms to be utilized for the purposes of this section.
E.
Term of license. All licenses shall commence as of
January 1 and expire on December 31 of each year. No license may be
transferred to any other person, firm, corporation or location.
F.
Duplicate licenses. A duplicate license may be issued
by the Supervisor to replace any license previously issued which has
been lost, stolen, defaced or destroyed without willful conduct on
the part of the licensee, upon the filing by the licensee of an affidavit
sworn to before a notary public of the State of New Jersey attesting
to such fact and the payment to the Supervisor of a fee of $25.
H.
Regulations. Every licensee shall:
(1)
Permit all reasonable inspections of his/her business.
(2)
Permit access to the licensed premises at all reasonable
times by the Supervisor or any other authorized city employee.
(3)
Ascertain and at all times comply with the laws and
regulations applicable to the business.
(4)
Avoid all forbidden, improper, unlawful or unnecessary
practices, businesses or conditions which do or may affect the public
health, morals or welfare.
(5)
Refrain from operating the licensed business on the
premises after expiration of the license and during any period when
the license is revoked or suspended.
(6)
Not loan, sell, give or assign to any other person
or allow any other person to use and display or destroy, damage or
remove or have in his possession, except as authorized by the Supervisor
or by law, any license or insignia which has been issued to the licensee.
(7)
Any person, firm or corporation receiving a license
pursuant to the within section shall notify the Supervisor of Licenses
and Permits no later than 10 days prior to a change in the location
of any licensed business and shall apply for a new initial license.
I.
License fees.
(1)
All fees and charges for mercantile licenses as set
forth in the within section shall be paid in advance at the time of
application to the Supervisor of Licenses and Permits.
(2)
No rebate or refund of any license fee or any part
thereof shall be made by reason of retirement of the license from
the business or revocation or suspension of the license; by reason
of the nonuse of the license for all or any portion of the license
year or by reason of a change of location of business; or by reason
offered or other accident or other casualty rendering the use of the
license ineffective.
(3)
Effective January 1, 2021, all businesses, trades
and activities conducted within the City of Long Branch regulated
by the within section shall pay a license fee of $125 for each year
or part thereof in which they shall operate said business, together
with the following additional fee, which shall be as noted hereinafter:
[Amended 2-14-1989 by Ord. No. 89-89; 6-13-1989 by Ord. No. 118-89; 10-27-1998 by Ord. No. 36-98; 12-26-2007 by Ord. No. 47-07; 2-26-2020 by Ord. No. 10-20]
(a)
Automatic machines for weighing, vending or delivery of any article or service or automatic amusement machines or devices (except cigarette machines and food beverage vending machines regulated in Chapter 181, Food Establishments, Retail): $25 per machine per year or part of a year.
(b)
Any application for renewal of a license under
this chapter submitted after January 31 of the effective year of the
license shall be subject to a late charge of $25.
J.
Special events permits. The City Council may authorize
the issuance of special permits without the payment of license fees
or other charges to public, charitable, educational, literary, fraternal
or religious organizations for the conduct or operation of a temporary
nonprofit enterprise for a public, charitable, educational, literary,
fraternal or religious purpose. However, the applicant shall submit
the usual application form in the manner required in this section
and shall operate in accordance with all requirements if granted a
permit.
K.
Enforcement. The Supervisor, any police officer of
the city, any Construction Code Official of the city, any Health Officer
of the city, the Zoning Officer or any other city official or employee
authorized by the Business Administrator may examine all places of
business and all persons conducting business in the city to determine
if this chapter has been complied with and to enforce the provisions
of this chapter against any person found to be violating the same.
L.
Revocation or suspension of license.
(1)
Any permit or license granted or issued pursuant to
this chapter may be suspended or revoked by the City Council after
notice and hearing, for any of the following causes:
(a)
Fraud, misrepresentation or false statement
contained in the application for license.
(b)
Fraud, misrepresentation or false statement
made in connection with the selling of goods, wares or merchandise.
(c)
Violation of this chapter or of any ordinance
of the City of Long Branch.
(d)
Conviction of the licensee of any crime or offense
involving moral turpitude.
(e)
Conducting the business licensed, through the
applicant himself/herself or any of his/her agents, servants or employees,
in an unlawful manner or in such a manner as to constitute a breach
of the peace or a menace to the health, safety or general welfare
of the public or in such manner as to constitute a public nuisance.
(2)
Notice of hearing on the suspension or revocation
of a license shall be given in writing by the Supervisor, setting
forth specifically the grounds of complaint and the time and place
of the hearing. The notice shall be mailed, by certified mail, to
the licensee, at the address indicated on the license application
at least 10 days prior to the date set for the hearing.
(3)
In addition to the provisions for suspension or revocation,
the Supervisor, any police officer or city employee or official or
any taxpayer or resident of the city may make complaint in the Municipal
Court of the city for violation of this section or chapter.
M.
Conditions for issuance. It shall be a condition of
the issuance of any and all licenses under the provisions of this
chapter that said business shall be used and operated only for lawful
purposes and not in violation of the zoning ordinances or other ordinances
of the City of Long Branch.
N.
Renewal applications. Every person who receives an
initial license shall file for a renewal annually on or before December
31 on forms provided by the Supervisor of Licenses and Permits.
O.
Registration of regulated persons/businesses. Any
person/business that claims exemption from licensing under this section,
pursuant to N.J.S.A. 40:52-1, shall file an informational application
with the Supervisor of Licenses and Permits for his/her review and
determination on the validity of the request for exemption. The informational
application shall also be used for review of compliance with other
applicable state, county and local laws and regulations relating to
the conducting of businesses within the City of Long Branch. The application
may require the following minimum information:
[Amended 2-14-1989 by Ord. No. 89-89]
(1)
Name of applicant, address and phone number.
(2)
Address of business (P.O. box address not acceptable)
and phone number.
(3)
Type of business.
(4)
Type of materials, if any, stored on premises.
(5)
Number of employees.
(6)
Any other information required by the Supervisor of
Licenses and Permits.
P.
Providing copy of mercantile computer records. Any
person may request a copy of the list of mercantile licenses issued
as of the date of the request. A computer search fee and reproduction
fee of $25 or a fee of $50 for said list if provided on mailing labels,
shall be paid in advance for said list.
[Amended 10-27-1998 by Ord. No. 36-98]
Q.
Reward programs.
[Added 8-8-2018 by Ord.
No. 18-18]
(1)
Any vendor who offers reward programs which include the payment of
taxes for Long Branch taxpayers or residents who shop at participating
Long Branch-based businesses shall before implementing such a program
obtain a license as provided for in this section.
(2)
The program shall be administered solely by the vendor who shall
undertake to register interested taxpayers, residents and Long Branch-based
businesses.
(3)
The vendor shall pay to the City a license fee in the amount of $50
yearly and shall submit to the Health/Mercantile office all information
necessary as may be reasonably required to determine the truth or
validity of the statements contained in the application.
(4)
Conditions. The City shall establish the necessary reporting requirement
for any payment of taxes made to the City by the vendor. The City
shall not be responsible for any impact of program participation on
mortgage escrow calculations. The City shall not be responsible for
any changes in property ownership.
[Added 10-27-1998 by Ord. No. 36-98]
No new auto body shop business shall be commenced
in the city. Existing auto body shops can relocate in the city where
said use is permitted.
