[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]
[1]
Editor's Note: See Ch. 11, Alcoholic Beverages, and Ch. 19, Animals.
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.