The purpose of this chapter is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses issued
by the municipality, except alcoholic beverage licenses, dog licenses, and
taxicab licenses.
All applications for licenses shall be accompanied by the required fee
and shall be made upon forms provided, and shall contain the following information:
A. Name and permanent and local address of the applicant.
If the applicant is a corporation, the name and address of its registered
agent.
B. If the licensed activity is to be carried on at a fixed
location, the address and description of the premises.
C. If a vehicle is to be used, its description, including
the license number.
D. If the applicant is employed by another, the name and
address of the employer, together with credentials establishing the exact
relationship.
E. The days of the week and the hours of the day during
which the licensed activity will be conducted.
F. A description of the nature of the business and the goods,
property or services to be sold or supplied.
G. A statement as to whether the applicant has been convicted
of any crime or the violation of any municipal ordinance other than traffic
offenses and, if so, the date and place of conviction, the nature of the offense,
and the punishment or penalty imposed.
H. Appropriate evidence as to the good character and business
responsibility of the applicant so that an investigator may properly evaluate
his character and responsibility.
I. The applicant shall be fingerprinted if the Chief of
Police determines that fingerprints are necessary for proper identification.
Fingerprint records shall be immediately processed for classification and
identification.
J. Applications by partnerships shall be signed by all partners
with the information required by this section supplied in detail as to each
partner, and applications of corporations shall have attached individual statements
containing all of the information required by this section relating to each
employee or agent who shall engage in the licensed activity, and shall be
signed by each employee or agent.
K. Two photographs, not over one year old, showing applicant's
face, front and profile, of a minimum size of two inches by two inches. The
photographs shall be affixed to the application.
[Amended 9-1-2004 by Ord. No. 2004-6]
Each application shall be referred to the Chief of Police or a police
officer designated by him, who shall immediately institute whatever investigation
of the applicant's business responsibility, moral character and ability to
properly conduct the licensed activity as he considers necessary for the protection
of the public. He shall communicate his findings in writing to the department
issuing the license within a reasonable time after the application has been
filed. If the investigator decides that the applicant's character, ability
or business responsibility are unsatisfactory, or the products, services or
activity are not free from fraud, he shall disapprove of the application in
writing, with appropriate explanatory remarks, and the department shall refuse
to issue the license and shall so notify the applicant. In the case of an
application for a solicitor's, peddler's, or canvasser's license, the license
may be issued immediately subject to the investigation. In the event of the
refusal of the issuance of a license, the applicant may appeal to the Administrator
for hearing. The appeal must be filed, in writing, with the Administrator
within 14 days after notification of the refusal. The Administrator shall
hold its hearing within 10 days thereafter. The decision of the Administrator
shall be final.
Licenses shall be in a form which the Council shall prescribe by resolution,
and shall contain the following information:
A. The name and address of the licensee.
B. The number and type of the license and the nature of
the licensed activity.
C. The address at which the licensed activity is conducted,
if the activity is carried on at a fixed location.
D. If the licensed activity is conducted from a vehicle,
the make, model and license number of the vehicle.
E. The expiration date of the license.
F. Any other appropriate information which the Mayor and
Council may, by resolution, require.
The issuing department shall keep a record of all licenses issued under this chapter. The record shall contain the same information as is required by §
203-4 to be contained in the license. It shall also indicate the amount of the fee paid for the licenses, the date upon which payment was received, the date of the issuance of the license, and whether the license is a new license or a renewal.
When the licensed activity is conducted at a fixed location, or from
a vehicle, the license shall be prominently displayed at the location or on
the vehicle. In all other cases the licensee shall have the license in his
possession at all times and shall display it upon the request of any police
officer or any person with whom he is doing business.
Every license shall apply only to the person to whom it was issued and shall not be transferable to another person. Licenses may be transferred from place to place, in cases where the licensed activity is conducted at a fixed location, but only with the approval, by resolution, of the Council. The fee for the transfer of a license from place to place is set forth in Chapter
135, Fees and Costs.
[Amended 9-1-2004 by Ord. No. 2004-6]
Any license or permit issued by the Township may be revoked by the Administrator
after notice and a hearing for any of the following causes:
A. Fraud or misrepresentation in any application for a permit
or license.
B. Fraud, misrepresentation or other dishonesty in the conduct
of the licensed activity.
C. A violation of any provision of the Township Code.
D. Conviction of the licensee for any felony or high misdemeanor
or a misdemeanor or disorderly person's offense involving moral turpitude.
E. Conduct of the licensed activity whether by the licensee
himself or his agents or employees in an unlawful manner or in a manner that
constitutes a breach of the peace or a menace to the public health, safety
or general welfare.
F. Whenever a license has been issued immediately upon an
application, pending the results of the investigation provided for by this
chapter, the license may be summarily revoked if the result of the investigation
would have resulted in denial of the application.
Notice of a hearing for the revocation of a license or permit shall
be given in writing by the issuing department. The notice shall specifically
set forth the grounds upon which the proposed revocation is based and the
time and place of the hearing. It shall be served by mailing a copy to the
licensee at his last known address by certified mail, return receipt requested,
at least five days prior to the date set for the hearing.
At the hearing the licensee shall have the right to appear and be heard,
to be represented by an attorney, to present witnesses in his own behalf,
to cross-examine opposing witnesses and to have a permanent record made of
the proceedings at his own expense. The Council shall revoke or suspend the
license if it is satisfied by a preponderance of the evidence that the licensee
is guilty of the acts charged.
The Council may issue another license to a person whose license has
been revoked or denied as provided in this chapter if after hearing it is
satisfied by clear and convincing evidence that the acts which led to the
revocation or denial will not occur again; otherwise, no person whose license
has been revoked or denied, nor any person acting for him, directly or indirectly,
shall be issued another license to carry on the same activity.
The Council may, by resolution, make rules and regulations which interpret
or amplify any provision of this chapter or for the purpose of administering
the provisions of this chapter or making them more effective. No regulation
shall be inconsistent with or alter or amend any provision of this chapter,
and no regulation shall impose any requirement which is in addition to or
greater than the requirements that are expressly or by implication imposed
by any provision of this chapter.