[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 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.
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.