[Adopted 12-18-1995 by Ord. No. 753 as Sec.
4-1 of the 1995 Revised General Ordinances]
[Amended by Ord. No. 762; Ord. No. 873; 12-20-2004 by Ord. No. 952]
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 Township, except alcoholic
beverage licenses and dog and cat licenses.[1]
An application for a license shall be accompanied
by the required fee and shall be made to the Township Clerk upon forms
provided by him, 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.
Appropriate evidence as to the good character and
business responsibility of the applicant so that an investigator may
properly evaluate his character and responsibility. [1]
[1]
Editor's Note: Original Section 4-1.3, Investigation
of applications for solicitor's, peddler's or canvasser's license;
issuance of licenses, which immediately preceded this section, was
deleted 12-20-2004 by Ord. No. 952.
Licenses shall be in a form which the governing
body shall prescribe 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 governing
body may require.
[Amended 12-20-2004 by Ord. No. 952]
The Township Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by the governing body and shall contain the same information as is required by § 122-3 to be contained in the license. It shall also indicate the amount of the fee paid for the licenses, the date of the issuance of the license, whether the license is a new license or a renewal, and any other information which the governing body may require.
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.
[Amended 12-22-2008 by Ord. No. 1060]
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 Committee. The fee for the transfer of a license from place to place shall be as set forth in Chapter 71, Fees.
Except where expressly provided otherwise, all
licenses shall expire annually on December 31 at 12:00 midnight. Applications
for the renewal of licenses shall be made not later than December
1.
It shall be the duty of the appropriate Township
official, including the Construction Official, the Chief of the Fire
Department, the Health Officer and any police officer to inspect licensed
premises for the purpose of determining compliance with this chapter
and all other ordinances and laws.
Any license or permit issued by the Township
may be revoked by the governing body 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 this 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, such license may be summarily revoked if the
result of the investigation is such as 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 Township 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.
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 governing body shall revoke or suspend the license if satisfied
by a preponderance of the evidence that the licensee is guilty of
the acts charged.
The governing body may issue another license
to a person whose license has been revoked or denied as provided in
this article if after hearing 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 governing body 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.
The license provisions of this chapter shall
not be deemed or construed to require the payment of a license fee
to conduct, manage or carry on any business, occupation or activity,
or to require the payment of any license fee from an institution or
organization which is conducted, managed or carried on wholly for
the benefit of charitable purposes, or from which profit is not derived
either directly or indirectly by any individual, firm or corporation;
nor shall any license be required for the conducting of any entertainment,
concert, exhibition or lecture on scientific, historical, literary,
religious or moral subjects whenever the receipts of such entertainment,
concert, exhibition or lecture are to be appropriated by any church
or school, or to any religious or benevolent purpose within the Township;
nor shall any license be required for the conducting of any entertainment,
dance, concert, exhibition or lecture by any religious, charitable,
fraternal, educational, military, state, county or municipal organization
or association, whenever the receipts of any such entertainment, dance,
concert, exhibition or lecture are to be appropriated for the purposes
and objects for which such association or organization were formed,
and from which profit is not derived, either directly or indirectly,
by any person; provided, however, that nothing in this section shall
be deemed to exempt any institution or organization from complying
with the provisions of any ordinance of the Township requiring the
institution or organization to obtain a permit from the designated
and proper officers of the Township to conduct, manage or carry on
any profession, trade, calling, business or occupation.
