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 and taxicab
licenses, provided that tax exempt religious and charitable organizations
shall be exempted from paying the license fees provided for in this chapter.
Upon application properly completed and submitted pursuant to §
133-3, the Clerk shall refer the original and duplicate to the Chief of Police, who shall make, or cause to be made, such investigation of the business responsibility and moral character of the applicant and, if employed, the applicant's employer, as he/she deems necessary for the protection of the public good. The duplicate shall be kept on file in the Police Department upon completion of the investigation.
A. Unsatisfactory findings.
(1) If, as a result of such investigation, the moral character or business responsibility of the applicant or, if employed, the applicant's employer, is found to be unsatisfactory, the Chief of Police shall endorse on the original application his/her disapproval and his/her reasons therefor, and return the original application to the Clerk who shall notify the applicant, in writing, either by personal delivery to the applicant or by certified mail to the applicant at the address stated in the application, that the application is disapproved, as well as the reasons therefor, and that no license shall be issued. The applicant shall have the right to appeal from any such disapproval pursuant to the provisions of §
133-5. Any determination by the Chief of Police that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:
(a) Conviction of a crime involving moral turpitude.
(b) Prior violation of a peddling or soliciting ordinance.
(c) Previous fraudulent acts or conduct.
(d) Record of breaches of soliciting contracts.
(e) Concrete evidence of bad character.
(f) Such other evidence which established good cause to disapprove
an application.
(2) In the absence of such findings, the Chief of Police
shall find the application satisfactory.
B. Satisfactory findings. If, as a result of such investigation,
the character and business responsibility of the applicant and, if employed,
the applicant's employer, are found to be satisfactory, the Chief of Police
shall endorse his/her approval on the original application and return the
same to the Clerk who shall, in turn, issue a license to the applicant.
C. In no case shall a license be issued to any person under
the age of 16.
Licenses shall contain the following information:
A. The name, address and photograph of the licensee.
B. The name and address of licensee's employer, if any.
C. The number and type of the license and the nature of
the licensed activity.
D. The address at which the licensed activity is conducted,
if the activity is carried on at a fixed location.
E. If the licensed activity is conducted from a vehicle,
the make, model and license number of the vehicle.
F. The kind of goods or services to be sold.
G. The date of issuance and expiration date of the license.
H. Be signed by the Township Clerk as issuing officer.
I. Any other appropriate information which the Township
Council may, by resolution, require.
Any applicant aggrieved by the action of the Clerk in the denial of a license, as provided in §
133-3, shall have the right of appeal to the Township Council. Such appeal shall be taken by filing with the Township Council a written statement setting forth fully the grounds for the appeal. Such statement shall be filed within 14 days after the notice of the action complained of has been given to such person by the Township Clerk, in accordance with the provisions of §
133-3. The Township Council shall set a time and place for a hearing on such appeal. The hearing shall be within 30 days of the date of receipt of the applicant's statement, and notice of such hearing shall be given to the applicant in the same manner as provided in §
133-10 for notice of hearing on revocation. The decision of the Council on such approval shall be final and conclusive.
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 his/her certificate
of licenses prominently displayed upon his/her person.
A license shall apply only to the person to whom it was issued and shall
not be transferable to another person.
Every person to whom a license is issued under the terms of this chapter
shall be governed by the following rules and regulations:
A. All circulars, samples or other matter shall be handed
to an occupant of the property and not left on or about the premises.
B. No person, subject to the terms of this chapter, shall
enter or attempt to enter the house of any resident in the Township without
an express invitation from the occupant of the house.
C. No person, subject to the terms of this chapter, shall
conduct himself/herself in such a manner as to become objectionable to or
annoy an occupant of any house.
No licensee shall have any exclusive right to any location on any public
street, nor shall any licensee be permitted a stationery location or be permitted
to operate in a congested area where such operation might impede or inconvenience
the public use of such streets. For the purpose of this chapter, the judgment
of the police officer, exercised in good faith, shall be deemed conclusive
as to whether the area is congested and the public impeded or inconvenienced.
The Chief of Police, any other police officer or the appropriate Township
official shall enforce the provisions of this chapter.
Violations of the provisions of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
I.