[HISTORY: Adopted by the Township Committee of the Township of Andover 10-30-1973
as § 7-1 of the 1973 Code; as amended through Ord. No. 89-24. Subsequent
amendments noted where applicable.]
The purpose of this chapter shall be 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 licenses, and
except as may be specifically otherwise provided elsewhere in this Code.
All applications for licenses shall be accompanied by the required fee
and shall be made to or through the Township Clerk on forms provided by him.
A.
In addition to such other information as may be specifically
called for, applications may require:
(1)
The name and permanent and local addresses of the applicant and,
if the applicant is a corporation, the name and address of its registered
agent.
(2)
If the licensed activity is to be carried on at a fixed location,
the address and a description of the premises.
(3)
If a vehicle is to be used, its description, including the license
number.
(4)
If the applicant is employed by another, the name and address
of the employer, together with credentials establishing the exact relationship.
(5)
The days of the week and the hours of the day during which the
licensed activity will be conducted.
(6)
A description of the nature of the business and the goods, property
or services to be sold or supplied.
(7)
A statement as to whether the applicant has been convicted of
any crime or the violation of any municipal ordinance other than traffic offenses
and, if so, the date and place of conviction, the nature of the offense, and
the punishment or penalty imposed.
(8)
Appropriate evidence as to the good character and business responsibility
of the applicant so that an investigator may properly evaluate his character
and responsibility.
B.
Applications by partnerships shall be signed by all partners
with the information required by this section supplied in detail as to each
partner, and applications by corporations shall have attached individual statements
containing all the information required by this section relating to each employee
or agent who shall engage in the licensed activity and shall be signed by
each employee or agent.
Each application shall be referred to the Chief of Police or a police
officer designated by him, who shall immediately institute whatever investigation
of the applicant's business responsibility, moral character and ability to
properly conduct the licensed activity he considers necessary for the protection
of the public. He shall communicate his findings in writing to the Township
Clerk within two weeks after the application has been filed.
A.
If the investigator decides that the applicant's character,
ability or business responsibility is unsatisfactory or the products, services
or activities are not free from fraud, he shall disapprove the application,
and the Clerk shall refuse to issue the license and so notify the applicant.
Otherwise the Township Clerk shall issue the license immediately, provided
that the required license fees have been paid, except in cases where approval
of the Township Committee is required.
B.
In the case of an application for a solicitor's, peddler's
or canvasser's license, the license may be issued immediately subject to the
investigation.
C.
In the event of the refusal of the issuance of a license,
the applicant may appeal to the Township Committee for hearing. The appeal
shall be filed in writing with the Township Clerk by personal service or by
registered mail within 14 days after notification of the refusal. The Township
Committee shall hold its hearing within 10 days thereafter and its decision
shall be final.
Licenses shall be in a form which the Township Committee prescribes
by resolution 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 Township
Committee may require by resolution.
The Township Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Township Committee and shall contain the same information required by § 78-4 to be contained in the license. It shall also indicate the amount of the fee paid for the license, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal, and any other information which the Township Committee may require by resolution.
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.
Except as otherwise provided, a 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 of the Township
Committee by resolution. The fee for the transfer of a license from place
to place shall be $5.
A.
Except where expressly provided otherwise, all licenses
shall expire on December 31 of the year of issue at 12:00 midnight. Applications
for the renewal of licenses shall be made not later than December 1 of the
year of issue.
B.
When an application for a license is made during the
course of any calendar year, the fee shall be prorated to the nearest month.
A.
Any license or permit issued by the Township may be revoked
by the Township Committee after notice and a hearing for any of the following
causes:
(1)
Fraud or misrepresentation in any application for a permit or
license.
(2)
Fraud, misrepresentation or other dishonesty in the conduct of
the licensed activity.
(3)
A violation of any provision of this Code.
(4)
Conviction of the licensee for any felony or high misdemeanor
or a misdemeanor or disorderly person's offense involving moral turpitude.
(5)
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.
B.
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.
C.
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
D.
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 Township Committee shall revoke
or suspend the license if it is satisfied by a preponderance of the evidence
that the licensee is guilty of the acts charged.
The Township Committee may issue another license to a person whose license
has been revoked or denied as provided in this chapter if after hearing it
is 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 Township Committee 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 an requirement which is in addition
to or greater than the requirements that are expressly or by implication imposed
by any provision of this chapter.
No license or permit requiring the approval of the Township of Andover
shall be issued unless the owner thereof has paid any delinquent property
taxes or assessments on the property wherein the business or activity for
which the license or permit is sought or wherein the business or activity
is to be conducted.
A.
The Township Committee shall have the power to revoke
or suspend any license or permit when any licensee who is an owner of the
property upon which the licensed business or activity is conducted has failed
to pay the taxes due on the property for at least three consecutive quarters.
Upon payment of delinquent taxes or assessments the revoked or suspended license
or permit shall be restored.
B.
The provisions of this section shall not apply to or
include any alcoholic beverage licenses or permits issued pursuant to the
Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq. or any dog licenses.
