The purpose of this article is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses
issued by the City, except alcoholic beverage licenses and dog licenses
and except as may be otherwise specifically provided elsewhere in
this City Code.
[Amended 10-4-2022 by Ord. No. 477-2022]
All applications for licenses shall be accompanied by the required
fee and shall be made to or through the City Clerk upon forms provided
by the City. Applications shall contain the information specified
by resolution of the City Council and may include the following along
with any other information deemed necessary or specifically called
for by ordinance:
A. Name and 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. 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.
J. Pursuant
to P.L. 2022, c. 92 (S1368), the owner of a business shall maintain liability insurance
for negligent acts and omissions in an amount of no less than $500,000
for combined property damage and bodily injury to or death of one
or more persons in any one accident or occurrence. All business owners
shall annually register the applicable certificate of insurance in
connection with their mercantile license application. Pursuant to
P.L. 2022, c. 92 (S1368), the failure to comply with this registration
requirement carries a minimum penalty of $500.
[Added 10-4-2022 by Ord. No. 477-2022]
[Amended 11-14-2005 by Ord. No. 53-2005; 3-6-2018 by Ord. No. 339-2018]
Applications may be referred to the Chief of Police and, where
appropriate or where specifically authorized, to the Fire Department,
Construction Official, Zoning Official or Health Officer. Each officer
shall immediately institute whatever investigation of the applicant's
business responsibility, moral character and ability to properly conduct
the licensed activity, compliance with regulations, codes, and ordinances
necessary for the protection of the public. Findings shall be communicated
in writing to the City Clerk within a reasonable time after the application
has been filed. If any investigator decides that the applicant's character,
ability or business responsibility is unsatisfactory, or the products,
services or activity are not free from fraud or there is lack of compliance
with all applicable codes, regulations and ordinances, he shall disapprove
the application and the Clerk shall refuse to issue the license and
shall so notify the applicant. Otherwise, the Clerk shall issue the
license immediately, provided the required license fees have been
paid, except in cases where approval of the Council is required. In
the event of the refusal of the issuance of a license, the applicant
may appeal to the City Council for hearing. The appeal must be filed,
in writing, with the City Clerk within 14 days after notification
of the refusal. The Council shall hold its hearing within 10 days
thereafter, and its decision shall be final.
Licenses shall be in a form which the City 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 Council may require by
resolution.
[Amended by Ord. No. 1065-95]
A. The City Clerk shall keep a record of all licenses issued under this article. The record shall be in a form prescribed by resolution of the Council and shall contain the same information as is required by §
310-4 to be contained in the license. It shall also indicate the amount of the fee paid for the license, the date upon which payment was received, the date of the issuance of the license, whether the license is a new or a renewal, and any other information which the Council may require by resolution.
B. The record of a conviction of any violation of state law or local
ordinance by the holder of a license related to the activity for which
the license is issued, or to the premises at which the activity is
conducted, shall be provided to the City Clerk by the Municipal Court
Clerk in the form of a certified disposition.
[Amended by Ord. No. 893-91; Ord. No. 1027-94]
A. When the licensed activity is conducted at a fixed location, or from
a vehicle, the license shall be prominently displayed at the location.
In addition, the license holder shall affix a sticker to be issued
by the City to a location easily visible from the exterior of the
premises, which sticker shall denote that the licensee is the holder
of a current mercantile license.
B. In all other cases, the licensee shall have the license in his or
her possession at all times and shall display it upon the request
of any police officer or any person with whom he is doing business.
Except as otherwise provided, a 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.
The fee for the transfer of a license from place to place shall be
$5.
[Amended by Ord. No. 446; Ord. No. 1256-2002; 2-17-2004 by Ord. No. 1322-2004]
A. Except where expressly provided otherwise, commencing in 2003 and
in every year thereafter, licenses issued pursuant to this article
shall start on May 1 and shall expire at 12:00 midnight on the following
April 30.
B. Commencing in 2003 and in every year thereafter, all business operations commencing between May 1 and October 31 shall pay the full annual license fee as provided for in §
310-16. All operations commencing between November 1 and April 30 shall pay one-half of the full annual license fees as provided for in §
310-16. There shall be no other or further proration of license fees.
C. Each person conducting business in the City of Cape May shall secure
and maintain a current license and pay the established fee for each
type or kind of business activity involved.
D. Each person conducting more than one business at the same general
location shall be required to secure a license for and pay the established
fee for each type or kind of business activity involved.
[Amended by Ord. No. 1065-95; Ord. No. 1120-97]
Any license or permit issued by the City may be revoked by the
City Clerk after notice and a hearing for any of the following causes:
A. Fraud or misrepresentation in any application.
B. Fraud, misrepresentation or other dishonesty in the conduct of the
licensed activity.
C. A violation of any provision of this article.
D. Conduct of the licensed activity whether by the licensee himself
or his agents or employees or tenants in an unlawful manner or in
a manner that constitutes a breach of the peace or a danger to the
public health, safety or general welfare.
E. Conviction of the licensee or tenant of a licensee of a violation
of any state law or City ordinance or regulation related to the licensed
premises or business activity. The Municipal Court Administrator shall,
immediately upon such conviction, provide written notice thereof to
the City Clerk, who shall place such notice in the license file of
the licensee. Additionally, the City Clerk shall provide a copy thereof
to the licensee.
F. Operation of the licensed premises in violation of state or City
land use provisions.
[Amended by Ord. No. 1065-95]
Notice of a hearing for the revocation of a license or permit
shall be given in writing by the City Clerk. 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.
[Amended by Ord. No. 1065-95]
At the hearing the licensee shall have the right to appear and
be heard, to be represented by an attorney, to present witness in
his own behalf, to cross-examine opposing witnesses and to have a
permanent record made of the proceedings at his own expense. The City
Clerk shall revoke or suspend the license if the City Clerk is satisfied
by a preponderance of the evidence that the licensee is guilty of
the acts charged.
[Amended by Ord. No. 1065-95]
The City Clerk may issue another license to a person whose license
has been revoked or denied as provided in this article if after hearing
the City Clerk 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.
[Amended by Ord. No. 1065-95]
Any person aggrieved by the determination of the City Clerk pursuant to §§
310-11 and
310-12 may appeal to the City Council by the filing of a written notice of appeal within 10 days of the date of the determination by the City Clerk. The City Council shall then schedule a hearing within 20 days. The proceedings shall be conducted as set forth in §
310-11.
[Amended by Ord. No. 676; Ord. No. 1027-94; Ord. No. 1028-94; Ord. No. 1054-95; Ord. No. 1065-95]
The Council may by resolution make rules and regulations which
interpret or amplify any provision of this article or for the purpose
of administering the provisions of this article or making them more
effective. No regulation shall be inconsistent with or alter or amend
any provision of this article, 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
article. The City Manager may appoint additional personnel, beyond
those specified in this article, to aid in the administrative, investigatory
and enforcement functions and duties established by this article.