[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.
R. Mobile vendors not prohibited by Chapter
161, Peddling and Soliciting.
[Amended 10-6-1994]
S. Coin-operated machines or games (excluding amusement
machines):
(4) Food and beverage machines.
T. Gumball machines, novelties.
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;
(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.
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.