[HISTORY: Adopted by the Township Committee
of the Township of New Hanover 7-13-1976 as Sec. 4-1 of the 1974 Code. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
BUSINESS
Includes businesses, trades, callings, professions and vocations.
No person shall engage in or carry on any business
in the Township nor aid or assist as employee, clerk or otherwise
in carrying on such business or in using any wagon, vehicle, stand,
store or other place or thing nor sell or offer for sale any goods
or thing for which a license is required by the terms of this chapter
unless a license as herein provided for shall have been first obtained
therefor.
Application for a license shall be made to the
Chief Financial Officer of the Township, and no license shall be granted
until the payment for the same shall have been made. Every license
shall specify by name the person to whom it shall be issued, the business
for which it is granted and the location at which such business is
to be carried on.
All license fees shall be due and payable to
the Chief Financial Officer at his office, Cookstown, New Jersey,
on the first day of May in each year, and all such licenses shall
expire on April 30 following.
[Amended 5-13-1986 by Ord. No. 1986-3; 6-15-1999 by Ord. No. 1999-01; 3-14-2012 by Ord. No. 2012-02]
The license fee to be paid annually as above
provided to the Township of New Hanover for conducting a business
at the place to be designated in the license certificate issued therefore
or for using any wagon, vehicle, stand, store or place or thing or
for the sale of any goods or thing, or for the provision of any service,
shall be $75 for each such business.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No license shall be granted for any theater,
scenic theater, moving-picture show, electric illusion or other exhibition
or amusement until the Construction Official and Fire Official/Marshal
certify, in writing, to the Township Clerk that the applicant has
complied with all of the ordinances and regulations respecting protection
of life and property relating to such places. The certificate of license
shall be conspicuously displayed on the premises where the business
is conducted.
No person shall be allowed to transact any business
under any license granted under this chapter except the business for
which such license was especially granted.
No license certificate shall be issued to any
person who has not complied with the laws of the State of New Jersey
or the ordinances of the Township providing regulations respecting
the safety of 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 or ordinances after due notice and opportunity to be
heard, the Township Committee may revoke such license.
No license provided for by this chapter 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.
All licenses issued between November 1 and May 1 following in any year shall be issued for 1/2 of the fees mentioned in §
122-5 hereof, with the exception of liquor licenses, the licenses to expire on April 30 following in accordance with the provisions of §
122-4.
The fees herein imposed for such licenses are
imposed for revenue.
Any proper officer is hereby authorized and
directed to use such of the police force of the Township as is necessary
to execute and enforce all necessary and lawful police regulations
as may best protect and facilitate the carrying on of the several
businesses, trades and occupations licensed by this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
It shall be a condition to the issuance of any
and all licenses under this chapter that the business shall be used
and operated only for lawful purposes. Pursuant to N.J.S.A. 40:52-1.2,
as a condition for the issuance or renewal of a license, all delinquent
property taxes or assessments on the property that is the subject
of the license or on which a licensed activity or business is or will
be conducted must be paid. The license shall be revoked or suspended
if property taxes are not paid for three consecutive quarters or more.
Upon payment of the delinquent taxes or assessments, the license shall
be restored. The provisions of this subsection shall not apply to
or include any alcoholic beverage license issued pursuant to the New
Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq.
Every person conducting a business required to be licensed hereby shall permit the Chief Financial Officer or his accredited agents or assistants to have access to any building or premises for the purpose of ascertaining whether there has been compliance with the provisions of this chapter and other ordinances and to determine the fees to be paid, and any refusal thereof shall be deemed a violation of this chapter and be subject to the penalties as stated in §
122-16.
Except as the same may be clearly inconsistent
herewith, this chapter shall not be deemed to repeal any ordinance
passed for the purpose of regulating a business, trade or industry.
[Added 8-11-1992 by Ord. No. 1992-3]
Any person who violates the provisions of this
chapter shall, upon conviction, be subject to a fine not exceeding
$1,000, imprisonment for a term not exceeding 90 days or a period
of community service not exceeding 90 days.