The purpose of this article is to provide a
uniform set of procedures for administering the issuance, renewal
and revocation of licenses issued by the Township, except alcoholic
beverage licenses and dog licenses[1] and except as may be specified otherwise or provided elsewhere
in the Township Code.
[Amended 8-28-2013 by Ord. No. 27-2013]
A.
All applications for new licenses shall be made to or through the
licensing officer upon forms as provided and shall be accompanied
by a nonrefundable application fee of $20. Each application shall
contain, at a minimum, the following, along with any other information
deemed necessary:
(1)
Submission of a zoning permit from the Zoning Officer stating the
requested business activity is approved for said location as a prerequisite
to applying for a mercantile license.
(2)
The sole owner, partner or corporate officer must submit proof of
application for fingerprinting from forms provided in the application
packet as a prerequisite to applying for a mercantile license.
(3)
If a vehicle is to be used, valid registration, proof of insurance,
copy of a valid driver's license and a current driver's abstract issued
by the State Department of Motor Vehicles.
(4)
The name and permanent and local address of the applicant.
(5)
If the licensed activity is to be carried on at a fixed location,
the address and a description of the premises.
(6)
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship.
(7)
The days of the week and the hours of the day during which the licensed
activity will be conducted.
(8)
A description of the nature of the business and the goods, property
or services to be sold or supplied.
(9)
A statement as to whether the applicant has been convicted of a violation
of any crime, and if so, the date and place of conviction, the nature
of the offense and the punishment or penalty imposed.
(10)
A statement as to whether the applicant has been convicted of 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.
(11)
A statement as to whether the applicant has been convicted of
any violation of the New Jersey Statutes and Court Rules, Title 39,
Motor Vehicles, and if so, the date and place of conviction, the nature
of the offense and the punishment or penalty imposed, where a vehicle
will be used in conjunction with the service of business.
(12)
Appropriate evidence as to the good character and business responsibility
of the applicant so that an investigator may properly evaluate his
character and responsibility.
(13)
The signature of the property owner acknowledging the business
activity and consent to same or a copy of the lease agreement.
(14)
Upon application for a license, the Egg Harbor Township Police
Department's emergency contact information form must be completed
and returned. The form must have the required minimum of three names
of business representatives and the phone numbers where they can be
contacted during nonworking hours. It is the business owner/operator's
responsibility to keep these contact numbers current. Businesses are
required to update their contact list whenever the contacts become
outdated and upon the annual renewal of the license.
B.
Applications by partnerships. Applications by partnerships shall
be signed by all partners, with the information required by this section
supplied in detail as to each partner and on-site manager. A copy
of the business name certificate must be filed with the application.
C.
Applications by corporations. Applications by corporations shall
have attached supplemental statements containing all of the information
required by this section relating to each agent or on-site manager
who shall engage in the licensed activity. A copy of the certificate
of incorporation must be supplied with the application. In the case
of a corporation organized and existing under the laws of another
state, a business registration certificate issued by the State of
New Jersey must be supplied with the application.
D.
Applications by limited liability corporations. Applications by limited
liability corporations shall be signed by all members, with the information
required by this section in detail as to each member. A copy of the
certificate of formation must be filed with the application.
A.
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 finding in writing to the licensing officer 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 licensing
officer shall refuse to issue and shall so notify the applicant. In
the event of the refusal of the issuance of a license, the applicant
may appeal to the Township Committee for a hearing. The appeal shall
be filed, in writing, with the Township Clerk within 14 days after
notification of the refusal. The Township Committee shall hold its
hearing within 14 days thereafter, and its decision shall be final.
B.
The licensing officer may forward any application
to any other Township department or agency for review and input.
C.
A certificate of occupancy or a continued certificate
of occupancy is required if applicable for the premises to be licensed,
and the obtaining of said certificate of occupancy or continued certificate
of occupancy shall be a prerequisite to the issuance of a mercantile
license.
D.
A license shall not be granted to a restaurant or
any business serving and selling food unless and until the restaurant
and business shall have current and valid approval from the Atlantic
County Board of Health, which approval shall be a prerequisite to
the issuance of a mercantile license. In the event of revocation of
the Atlantic County Board of Health certificate of approval, such
shall be grounds for revocation of the mercantile license.
The license 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 and block and lot designation 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 Chief
of Police or licensing officer may request.
The licensing officer shall keep a record of
all licenses issued under this article. It shall 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 and whether the license is
new or a renewal.
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.
A.
Licenses are nontransferable either from person to
person or from place to place.
B.
In an instance where any currently licensed business wishes to relocate the business, in its entirety, to a different location within the Township, the licensing officer is authorized to transfer the license to the new location. However, the transfer cannot take place until and unless the licensee applies for and obtains a zoning permit and certificate of occupancy or continued certificate of occupancy as required under Article I, §§ 142-2A(1) and 142-3C. Furthermore, the licensee is required to notify the licensing officer, in advance, by filing a transfer of license application and submitting a processing fee of $20.
[Amended 8-28-2013 by Ord. No. 27-2013]
[Amended 8-28-2013 by Ord. No. 27-2013]
A mercantile license issued to a corporation, partnership, limited
partnership, limited liability corporation, or any other business
entity defined as a person shall automatically expire upon any change
of ownership interest of the person by transfer of shares, partnership
or limited partnership interest, or otherwise, in whole or in part
thereof, whether or not the person carries on business as previously
stated in his application for a mercantile license for that year.
Upon such transfer, the person shall reapply immediately for issuance
of a new mercantile license, designating the required transfer in
ownership interest and paying the requisite licensing fee.
A.
Except where expressly provided otherwise, all licenses
shall expire on May 31 at 12:00 midnight. Applications for the renewal
of licenses shall be made not later than May 1, accompanied by a license
fee.
B.
When application for a license is made during the
course of any licensing year, the fee shall be prorated to 1/2 of
the licensing fee, provided that the license is issued on or after
December 1.
C.
The Egg Harbor Township Police Department's emergency contact information form must be completed and returned as described in § 142-2A(14) for the renewal of a mercantile license to be approved.
[Amended 8-28-2013 by Ord. No. 27-2013]
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 revision.
(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.
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.
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 suspended as provided
in this article if, after a hearing, it is satisfied by clear and
convincing evidence that the acts which led to the revocation or suspension
will not occur again; otherwise, no person whose license has been
revoked or suspended, nor any person acting for him, directly or indirectly,
shall be issued another license to carry on the same activity.
The licensing officer may make rules and regulations
which interpret or amplify any provision of this article or for the
purpose of administering the provisions of this article or making
them more effective. No regulation shall be inconsistent with or alter
or amend any provision of the article, and no regulation shall impose
any requirement which is in addition to or greater than the requirements
that are expressly or by implication imposed by any provision of this
article.
