[Adopted 12-2-1976 as Ch. 97 of the 1976 Code]
[Amended 12-19-1996 by Ord. No. 96-14]
It shall be unlawful hereafter for any person or persons, corporation or corporations to conduct or maintain any of the businesses or occupations and the place or places where the same are conducted or operated, mentioned below, without first obtaining a license so to do from the Township Committee as hereinafter provided:
A. 
Restaurant, lunchroom or diner.
B. 
Cabins and motels.
C. 
Antique shop.
D. 
Auto body shop.
E. 
Auto repair shop.
F. 
Gas station.
G. 
Concert.
H. 
Theater.
I. 
Movie theater.
J. 
Grocery store.
K. 
Butcher shop.
L. 
Bakery.
M. 
Used car dealer.
N. 
New car dealer.
O. 
Parking lots.
P. 
Milk trucks.
Q. 
General merchandise.
R. 
Mobile vendors not prohibited by Chapter 161, Peddling and Soliciting.
[Amended 10-6-1994[1]]
[1]
Editor's Note: This ordinance provided that the Code of the Township of South Hackensack is hereby amended so as to limit the authorization of the issuance of licenses and any rights granted thereunder to such mobile vendors not prohibited by Chapter 161 and further amended this said chapter so that all references to such "mobile vendors" read "mobile vendors not prohibited by Chapter 161."
S. 
Coin-operated machines or games (excluding amusement machines):
(1) 
Vacuum cleaner.
(2) 
Kiddie rides.
(3) 
Jukebox.
(4) 
Food and beverage machines.
T. 
Gumball machines, novelties.
U. 
Laminating machine.
V. 
Business from home.
W. 
Entertainment.
X. 
Garage sale.
Y. 
Limousine service.
Z. 
Car wash.
AA. 
Beauty salon.
BB. 
Cannabis establishments.
[Added 12-27-2021 by Ord. No. 2021-15]
[Amended 6-26-1987; 12-27-2021 by Ord. No. 2021-15]
A. 
Any person or persons, corporation or corporations desiring to conduct, maintain or operate any of the aforementioned businesses within the Township of South Hackensack shall make application in writing to the Township Committee for a license to conduct and operate such business, giving the exact location where the business shall be conducted and the description of the business.
B. 
Cannabis establishments. A request for a license to operate a cannabis establishment, including but not limited to occupancy and building permits, shall first be submitted for the approval of the Township Committee.
(1) 
Applications shall be submitted to the Township Clerk and will be deemed complete upon submittal of all documentation and information described in herein to the satisfaction of the Township Clerk;
(2) 
Subject to the provisions set forth below, licensing for a cannabis establishment will be on a reserve basis based on the order a fully completed cannabis establishment application is received. A licensee's failure to submit a fully completed cannabis establishment application after a period of 90 days from the original date of submittal shall constitute a basis to deem the application expired and subject the licensee to a loss of the reserve space; and
(3) 
No applications will be reserved when occupancy permits have reached the maximum permitted by ordinance.
(4) 
The following documentation and information shall be provided in conjunction with the cannabis establishment application:
(a) 
The contact information of the licensee, including but not limited to, the licensee's name, the principal place of business, a mailing address, and the primary point of contact for the application. The information shall be promptly updated as necessary;
(b) 
A copy of the current state-approved license. If state license is pending, a general description of the state license status with supporting documentation;
(c) 
An affidavit or certification affirming compliance with all requirements of state and local law;
(d) 
A general description of the proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, description of ingress and egress, proposed exterior lighting plan, and building code compliance;
(e) 
A depiction of the site design, including identifying any matters requiring variance or waiver relief;
(f) 
The proposed days and hours of operation, the anticipated building occupancy capacity, and the average number of customers and employees anticipated to frequent the facility on a daily basis;
(g) 
The anticipated parking demand and parking plan per the applicable Schedule of Off-Street Parking Requirements and available private parking supply;
(h) 
A depiction of the on-site traffic circulation, stacking, and queuing, and demonstrating the manner in which the facility's traffic will be managed so as to minimize the impact on adjacent roadways and neighborhoods;
(i) 
A proposed signage plan;
(j) 
A plan for disposal of refuse including disposal of any cannabis or cannabis byproducts, which disposal method protects any portion thereof from being possessed or ingested by any person or animal, and which complies with applicable federal, state, and local regulations;
(k) 
A plan describing the mitigation measures and ventilation system that will be used to prevent any odor of cannabis off the premises;
(l) 
The name(s) and location(s) of the offsite cultivation facilities associated with a dispensary, if any;
(m) 
Such other information or documentation as determined to be necessary to assess compliance with the requirements set forth or referenced herein.
A. 
Upon receipt of the application aforesaid, the Township Committee, by its proper agents and servants, shall proceed to an inspection of the premises to determine whether or not such business can be conducted by such person or persons, corporation or corporations at such place in accordance with the provisions of this chapter and in accordance with the provisions of the Health Code, the Building, Fire Prevention and Zoning Ordinances[1] and any and all other ordinances of the Township and regulatory statutes applicable to the premises or the proposed business.
[1]
Editor's Note: See Ch. 97, Construction Codes, Uniform; Ch. 110, Fire Prevention; Ch. 208, Zoning.
B. 
In addition to the other regulations, no restaurant, lunchroom or other place where food for human consumption is sold or offered for sale for consumption on the premises shall be carried on where the proposed licensed premises has any window, door, vent, ventilating system or other opening within 15 feet of the property line of any other property, except a public street.
After investigation as aforesaid, said Township Committee shall grant such license unless after a public hearing afforded to the applicant the Committee shall determine that the operation of said business will be in violation of the provisions of § 131-3 hereof, in which case the Committee shall refuse said license. All licenses under this chapter shall expire on April 30 of each year unless renewed according to the provisions of this chapter. The license fee prescribed by § 131-7 hereof shall be for each year or part of each year.
[Amended 6-26-1987]
Any person or persons, corporation or corporations to whom a license is granted as aforesaid shall exhibit the same in a conspicuous place at the location where the business is conducted. The license shall apply only to the person or persons, corporation or corporations and to the particular business or businesses to whom and for which the same is granted and shall not be transferable.
[Amended 6-26-1987; 12-27-2021 by Ord. No. 2021-15]
A. 
Every such business or businesses so licensed and regulated shall be subject at all times to proper and reasonable inspection, during reasonable hours of the day and night, by the Township Committee, Board of Health or any of the officers or agents thereof. Failure or refusal on the part of the holder of such license or his agents or servants to permit such inspection, and/or the neglect or refusal on the part of any such persons to immediately correct and remedy any offensive or objectionable feature in connection therewith upon demand, such license may be forthwith revoked and canceled, and in addition thereto such person may be proceeded against for a violation hereof as hereinafter specified.
B. 
A license issued under the terms and provisions of this chapter shall not be revoked, canceled or suspended until a hearing thereon shall have been had by the Township Committee. Written notice of the time and place of such hearing shall be served upon the holder of such license at least three days prior to the date set for such hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or be deposited in the United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon said license. At the hearing, the licensee or their representatives shall have an opportunity to be heard. Upon due consideration and deliberation, the complaint may be dismissed, or if the Township Committee concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held;
C. 
If any such license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the Township, unless and until a new application for such license be submitted in accordance with this chapter and shall be approved by the Township Committee.
[Amended 6-26-1987; 3-23-1995 by Ord. No. 95-5; 12-19-1996 by Ord. No. 96-14]
The persons, businesses or occupations required to be licensed by the terms of this article and the annual license fee to be charged for such license, which said fee shall accompany the application therefor, shall be as provided in Chapter 108, Fees.
The above-mentioned fees shall be retained as the license fees for the first year if a license is granted and shall be refunded to the applicant in case a license is refused.
[Amended 12-19-1996 by Ord. No. 96-14; 2-14-2008 by Ord. No. 2008-02]
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be punishable by a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days, a period of community service not exceeding 90 days, or any combination thereof, for each offense.