[Adopted 10-1-1975 as Ch. 82 of the 1975 Code; amended
in its entirety 9-7-2005 by Ord. No. 2005-4]
As used in this article, the following terms
shall have the meanings indicated:
Includes the plural as well as the singular and also includes
corporations, associations, partnerships and joint ventures.
A business which is to be open, operating or established
for a period of less than six months.
[Amended 3-19-2008 by Ord. No. 2008-4]
A.
It shall be unlawful for any person to maintain an
office or place of business, to conduct, engage in or carry on any
business, trade or occupation within the Township of Maple Shade without
first complying with the provisions of this chapter and obtaining
a license as provided herein.
B.
Responsibility of owner.
(1)
It shall be unlawful for any owner of real property
to permit a tenant to conduct, engage in or carry on any business,
trade or occupation in the owner's leased premises without first complying
with the provisions of this chapter.
(2)
An owner of real property in the Township shall be
responsible for notifying any tenant of the provisions of this chapter
prior to the tenant's occupancy of the owner's leased premises.
[Amended 4-1-2009 by Ord. No. 2009-04; 8-25-2016 by Ord. No. 2016-12]
Applications for said license shall be made on form(s) (Form
114-3 Business License Application) to be obtained from the Township
Zoning Officer. In the case of corporations and associations, all
officers, directors, shareholders owning 10% or more of the stock
and members thereof shall be listed on the application. In the case
of partnerships and joint ventures, all members of said partnership
and all members of said joint venture shall be listed on the application.
[1]
Editor’s Note: Former § 114-4, Requirements for
issuance and continuation of licenses, was repealed 8-25-2016 by Ord.
No. 2016-12.
[Amended 8-25-2016 by Ord. No. 2016-12]
Every license issued under the provisions of this article shall
expire at midnight on December 31 of the year of its issue, and an
application for renewal thereof shall be submitted, together with
the required fee, at least 30 days prior to December 31 of each year.
Failure to submit an application to renew with the appropriate fee
will result in a new business license application having to be filed.
[Amended 8-25-2016 by Ord. No. 2016-12]
License and renewal fees shall be as set forth in Chapter 88, Fees. Application and renewal fees are not prorated on an annual basis.
[Amended 4-1-2009 by Ord. No. 2009-04; 8-25-2016 by Ord. No. 2016-12]
Any person receiving a license pursuant to the within chapter
shall notify (in writing) the Township Clerk prior to a change in
location of any licensed business. Notice is to be provided by personal
delivery or certified mail and should include a copy of any necessary
Planning Board or Zoning Board resolution of approval and/or zoning
permit.
[Amended 8-25-2016 by Ord. No. 2016-12]
A.
The issuance, renewal, or denial of any license shall be the determination
of the governing body or its designee, based on the recommendations
of those officials inspecting the proposed place of business. Such
officials may include but not be limited to the following; Zoning
Officer, Construction Code Official(s), Board of Health, and Fire
Marshal.
B.
Each of the foregoing Township officials may inspect the premises
to determine whether or not the premises comply with ordinances of
the Township of Maple Shade and the rules and regulations and laws
of the State of New Jersey. If the premises comply, the respective
officers shall provide a written notice of such approval within 14
days of the date of the application. Thereupon, if the applicant has
complied with the other licensing provisions set forth in this article
as may be necessary, the Township shall issue a license in accordance
with the terms and conditions of this article. If, upon inspection,
the premises do not comply, the respective officers shall provide
a written report setting forth the specific violations of applicable
ordinances, statutes, rules, regulations or standards. The Township
shall thereupon transmit a copy of such reports citing violations
to the applicant, together with written notice that a license for
the premises will not be considered until the violations contained
in the reports are corrected. The applicant shall have the right to
request a hearing before the Township Council to reconsider the denial
of the license. Said request must be in writing.
C.
The governing body shall have the right to suspend or revoke any
license issued under the terms and provisions of this article for
violation of the provisions of this article, or whenever it shall
appear that the business of the person to whom the license was issued
is conducted in violation of any laws of the United States, the State
of New Jersey or any ordinance of this municipality or that the purpose
for which the license has been issued is being abused to the detriment
of the public or is being used for a purpose foreign to that for which
the license was issued. In the event a license is suspended or revoked,
the license fee will not be refunded.
D.
A license issued under the provisions of this article shall not be
revoked or suspended until a hearing shall be held by the governing
body on said license. Written notice of the time and place of such
hearing shall be served upon the license holder at least seven days
prior to the date set for such hearing by personal delivery or certified
mail. Such notice shall provide a statement of the grounds for the
proposed revocation or suspension. The governing body shall render
its decision within 30 days of such hearing.
