[HISTORY: Adopted by the Township Committee (now Township Council)
of the Township of Hillside 12-21-1971 as Ch. VII, Sec.
7-1, of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 106.
Alcoholic beverages — See Ch. 108.
Amusement devices — See Ch. 110.
Animals — See Ch. 113.
Bowling and Skee-Ball alleys and poolrooms — See Ch. 117.
Building, housing and property maintenance — See Ch. 121.
Circuses, carnivals and traveling shows — See Ch. 134.
Dance halls — See Ch. 140.
Day-care centers — See Ch. 143.
Fire prevention — See Ch. 157.
Games of chance — See Ch. 164.
Golf courses — See Ch. 167.
Junkyards and junk dealers — See Ch. 182.
Land use — See Ch. 188.
Liquid-fuel-burning equipment — See Ch. 207.
Newsracks — See Ch. 214.
Peddling and soliciting — See Ch. 232.
Records — See Ch. 239.
Sales — See Ch. 249.
Soil removal — See Ch. 257.
Taxicabs, omnibuses, jitneys and liveries — See Ch. 274.
Tennis courts — See Ch. 277.
Trailers — See Ch. 280.
Vending machines — See Ch. 295.
The purpose of this chapter 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, dog licenses, cat licenses
and taxicab licenses.
A.
All applications for licenses shall be accompanied by
the required license fee and shall be made to the proper issuing authority
on forms provided by him and shall contain the following information:
(1)
Name and permanent and local address of the applicant.
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 description of the premises.
(3)
If the applicant is employed by another, the name and
address of the employer, together with credentials establishing the exact
relationship.
(4)
A description of the nature of the business and the goods,
property or services to be sold or supplied.
(5)
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.
(6)
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 subsection supplied in detail as to
each partner. Applications of corporations shall have attached individual
statements containing all the information required by this subsection relating
to each employee or agent who shall engage in the licensed activity and shall
be signed by the authorized corporate officer.
C.
Where required by the Police Chief, two photographs,
not over one year old, showing the applicant's face, front and profile,
of a minimum size of 11/2 inches by 11/2 inches, shall be affixed to the application.
A.
Each application shall be referred to the Police Chief
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 a reasonable time after the application has been
filed. If the investigator decides that the applicant's character, ability
or business responsibility is unsatisfactory or the products, services or
activity 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 Clerk shall issue the license immediately, provided that the required
license fees have been paid, except in cases where approval of the Township
Council is required. In the case of an application for a solicitor's,
peddler's or canvasser's license, the license may be issued immediately
by the issuing authority subject to the investigation. In the event of the
refusal of the issuance of a license, the applicant may appeal to the Township
Council for a hearing. The appeal shall be filed, in writing, with the Clerk
within 14 days after notification of the refusal. The Township Council shall
hold its hearing within 14 days after filing of the appeal. The Township Council
shall promptly announce its decision and if it denies the application shall
state the grounds for its decision.
B.
Investigations of applicants for new or used motor vehicle
dealers shall be communicated to the Construction Official. The Construction
Official shall be the issuing authority for new or used motor vehicle dealer
licenses.
[Added 2-20-1979 by Ord. No. G-141-79]
Licenses shall be in a form which the Township Council 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.
The expiration date of the license.
E.
Any other appropriate information which the Township
Council may require by resolution.
A.
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 Council and shall contain the same information which is required by § 203-4 to be contained in the license. It shall also indicate the amount of the fee paid for each license, the date on which payment was received, the date of the issuance of the license and any other information which the Township Council may require by resolution.
B.
License records for new or used motor vehicle dealers
shall be maintained by the Construction Official.
[Added 2-20-1979 by Ord. No. G-141-79]
When the licensed activity is conducted at a fixed location or from
a vehicle, the license or plates issued for the purpose 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 a police officer or any person with whom he is doing business.
[Added 2-20-1979 by Ord. No. G-141-79]
Licenses may be transferred from person to person and from place to
place but only upon approval of the issuing authority and payment of a transfer
fee of $25.
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 15.
B.
When an application for a license is made after August
1, 1/2 of the prescribed fee shall be paid.
C.
Pursuant to N.J.S.A. 40:52-1.2, as a condition of issuance
or renewal of a license, all delinquent property taxes or assessments on the
property must be paid. The license shall be revoked or suspended if property
taxes are not paid for three consecutive quarters or more. The license shall
be restored upon payment of taxes.[1]
A.
Any license or permit issued by the Township may be revoked
by the Township Council 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 chapter.
(4)
Conviction of the licensee for any crime or for a 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.
[Added 2-20-1979 by Ord. No. G-141-79]
A.
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 on 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.
B.
Notice of a hearing for the revocation of a license for
new or used motor vehicle dealers shall be given, in writing, by the Construction
Official.
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 Council 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 Council 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 Council 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
herein.
Any person, firm or corporation who shall violate any of the provisions
of this Article shall, upon conviction, be punishable by a fine not exceeding
$1,000; imprisonment for a term not exceeding 90 days; and/or a period of
community service not exceeding 90 days.
