[HISTORY: Adopted by the Mayor and Council
of the Borough of Clementon as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-20-1971 by Ord. No. 71-26]
No person or business entity shall engage in
or carry on any business, trade or calling in the Borough of Clementon,
nor aid or assist as employee, clerk or otherwise in carrying on such
business or in using any stand, store or other place or thing, nor
sell or offer for sale any goods or things for which a license is
required by the terms of this article, unless a license as herein
provided for shall have been first obtained therefor by said person
or business entity engaging in said business, trade or calling.
Application for license shall be made to the
Borough Clerk of the Borough of Clementon, New Jersey, and the license
shall specify by name the person, firm or corporation to which it
is granted, and the location at which such business, trade or profession
or calling is to be carried on. The certificate of license shall be
conspicuously displayed on the premises where the business is conducted.
All new businesses shall first make application
to the Planning Board, which shall forward its findings, with its
recommendations to the Borough Council, which body shall decide on
granting or denying the license applied for. No license shall be issued
for a new business, until the Borough Council has authorized the issuance
of the license. All persons or business entities presently in existence
and required to be licensed shall apply for such license prior to
February 1, 1972.
[Amended 3-25-2008 by Ord. No. 2008-06]
All renewal license fees shall be due and payable
to the Clementon Borough Clerk on the first day of December of each
year, and all such licenses shall expire on the last day of November
the following year.
[Amended 12-21-1981 by Ord. No. 81-17; 2-24-1997 by Ord. No. 97-3]
The license fees to be paid annually, as provided
above, to the Borough of Clementon for conducting any businesses,
trades, professions or occupations at the places designated in the
license certificate issued therefor shall be $40, plus $30 for each
coin-operated machine and/or game of chance and/or $10 for each vending
machine. A $25 late fee shall be assessed each license not renewed
on or before February 15 of each year.
[Added 11-21-2023 by Ord. No. 2023-18[1]]
A.
Except as provided in Subsection B of this section, the owner of a business or the owner of a rental unit or units 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.
B.
The owner of a multifamily home which is four or fewer units, one
of which is owner occupied, shall maintain liability insurance for
negligent acts and omissions in an amount of no less than $300,000
for combined property damage and bodily injury to or death of one
or more persons in any one accident or occurrence.
D.
The Borough of Clementon shall collect, through a summary proceeding
pursuant to the Penalty Enforcement Law of 1999,[2] a fine of not less than $300 but not more than $5,000 against an owner who fails to comply with the insurance requirements set forth in Subsections A, B and C above.
[2]
Editor's Note: See N.J.S.A 2A:58-10 et seq.
No person or persons shall be allowed to transact
any business under any license granted under this article except the
business for which said license was specifically granted.
No license shall be issued to any person or
entity who has not complied with the laws of the State of New Jersey
or the ordinances of the Borough of Clementon, providing regulations
respecting the safety of the persons who may have occasion to use
the premises, place or thing licensed, and in case any person licensed
fails to comply with such laws and ordinances after due notice and
opportunity to be heard, the Borough Council may revoke such license.
No license provided for by this article shall be transferred from
one person to another person, and no license shall cover any other
place of business than that for which it was issued.
[Added 4-7-2020 by Ord. No. 2020-08[1]]
Upon receipt of an application for a license, the Borough Clerk
shall refer such application to the proper officials or officers for
the making of the necessary investigation or inspection. The officials
shall make a report thereon, favorable or otherwise, within fifteen
15 days after receiving the application or a copy thereof. The Zoning
Official shall make the appropriate zoning inspections. All other
investigations, except where otherwise provided, shall be made by
the Chief of Police or his designee. Before the Chief of Police shall
recommend a mercantile license, he shall first make a determination
that the applicant is not presently indicted for a crime in this state
or any other state which would reasonably relate to the nature of
the business to be conducted by the applicant; that the proposed business
would not be detrimental to the public health, safety or welfare of
the community; that the applicant had not conducted any business in
violation of any local ordinances or state statutes; that the applicant
has not permitted any person to conduct illegal activities on the
premises of a business previously maintained in the Borough; and that
the proposed business would not be a public nuisance.
A.
This article shall not apply to orders taken out of
this Borough or to soliciting of orders by wholesale dealers from
retail dealers, or to deliveries by wholesale dealers to retail dealers,
or to the sale or delivery of newspapers, magazines or periodicals.
B.
This article shall not apply to any corporation authorized
to transact business by the Department of Banking and Insurance of
the State of New Jersey or to any corporation authorized to transact
business by any department of the government of the United States
or to any person licensed to transact business by the State of New
Jersey, or any department, board or commission thereof, or to public
utilities.
The Clerk of the Borough of Clementon shall
turn over all said license fees collected by him to the Borough Treasurer.
Any person, firm, association or corporation
violating any section of this article shall, upon conviction before
the Magistrate or other officer having jurisdiction, be subject to
a fine not exceeding $200 or imprisonment in the county jail for a
term not exceeding 30 days, or both, in the discretion of the Judge
of the court where the violation has been heard. Any repetition of
any violation of this article shall be deemed a new offense.
[Adopted 8-23-1993 by Ord. No. 93-11]
Pursuant to the provisions of N.J.S.A. 40:52-1.2,
as a condition for the issuance or renewal of any license or permit
issued by or requiring the approval of the Borough of Clementon, the
applicant, if he is the owner thereof, must have paid any property
taxes or assessments on the property wherein the business or activity
for which the license or permit is sought or wherein the business
or activity is to be conducted. Appropriate proof of payment must
be provided before such license or permit shall be issued.
In the event that a license or permit has been
issued, it shall be revoked or suspended when any licensee, who is
an owner of the property upon which the licensed business or activity
is conducted, has failed to pay the taxes due on the property for
at least three consecutive quarters. Upon payment of the delinquent
taxes or assessments, the license or permit shall be restored for
the balance of its term.
The provisions of this article shall not apply
to or include any alcoholic beverage license or permit issued pursuant
to the Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq.
