[Amended 5-15-2018 by Ord. No. 5-2018]
A. 
It shall be unlawful for any person to commence or carry on any profession, vocation, trade, business, calling or occupation as defined in this chapter without first having obtained a license from the Borough Clerk to do so or without complying with any and all provisions concerning the same contained in this chapter or in any other ordinance adopted by the Borough.
B. 
For the purpose of this section, a person shall be deemed to be engaging in business when he does one act of:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
Selling or hiring out any goods or services for sale or hire.
(2) 
Acquiring or using any vehicle, machine or device or any premises in the Borough for business purposes.
C. 
The agents, servants, employees or other representatives of corporations, partnerships, individual natural persons, joint ventures, societies, associations, clubs, trustees, trusts or unincorporated groups shall be personally responsible for compliance with this chapter by their principals and by the businesses they represent.
D. 
No license shall be required of any person for the mere delivery in the Borough of any property purchased or acquired in good faith from such person at his regular place of business outside of the Borough where no intent by the person is shown to exist to evade the provisions of this chapter.
E. 
No provision of this chapter shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
F. 
No license shall be required of any person who conducts a business or profession from the person's residence; provided, however, that customers or clients do not visit the residence and there is no delivery of materials to or shipments of goods from the residence.
A. 
General information. Every person required to procure a license shall submit an application on the prescribed form to the Borough Clerk. The application shall be accompanied by the fee for the license for which application is made.
B. 
The application shall be a written statement upon forms provided by the Borough Clerk and shall contain the following:
(1) 
Previous license history of the applicant, including revocations or suspensions and the reasons therefor.
(2) 
A statement that the applicant is not violating the Zoning Ordinance.[1] If the applicant occupies a nonconforming use, proof of date of occupancy and operation must be given.
[1]
Editor's Note: See Ch. 130, Land Use, Art. VII.
(3) 
A statement that the applicant is not in default under the provisions of this chapter or indebted or obligated in any manner to the Borough, except for current taxes.
(4) 
Such other facts relative to the general personal history of the applicant or its officers and managers, if the applicant is not an individual, as will enable the Borough Clerk to reach a fair determination of the eligibility of the applicant.
(5) 
Name of the person to whom the license will be issued and his residence address. If the applicant is not an individual, the names, positions and residence addresses of all officers and managers of the applicant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
By Chief of Police and Zoning Officer. Upon written request of the Borough Clerk, the Chief of Police shall review the application for moral character investigation and preliminary traffic site review. The Zoning Officer shall review the application for zoning purposes pursuant to Chapter 130, Land Use.
B. 
By Borough Clerk. After submission of the application and the required fee to the Borough Clerk, she shall make any investigation necessary and indicate her written approval or disapproval of the license application within 60 days. The Borough Clerk shall within 60 days after the application is filed and upon proper approval issue said license.
[Amended 3-1-2016 by Ord. No. 5-2016]
All licenses shall commence July 1 and expire June 30 of the following year. On transfer of location of a licensed business to a new location within the Borough or upon the sale of an active business remaining in the Borough, licenses may be transferred, provided that the annual license fee for the year has been paid and a transfer fee of $10 is paid to the Borough Clerk. All business operations commencing between July 1 and December 31 of any year shall be subject to the full amount of the annual license fee, and all operations commencing between January 1 and June 30 of any year shall be subject to 1/2 of the annual license fee. Applications for renewal or transfer of a license shall be governed by the same procedures applicable to an original application.
A duplicate license may be issued by the Borough Clerk to replace any license previously issued which has been lost, stolen, defaced or destroyed, without willful conduct on the part of the licensee, upon the filing by the licensee of an affidavit sworn to before a notary public of the State of New Jersey attesting to such fact and the payment to the Borough Clerk of a fee of $10.
Each license issued under this chapter shall state upon its face the following:
A. 
The name of the licensee and any other name under which the business is to be conducted.
B. 
The kind and address of each business licensed.
C. 
The amount of the license fee.
D. 
Such other information as the Borough Clerk shall determine.
Every licensee shall:
A. 
Permit all reasonable inspections of his business.
B. 
Permit access to the licensed premises at all reasonable times by the Borough Clerk.
C. 
Ascertain and at all times comply with all laws and regulations applicable to the business.
D. 
Avoid all forbidden, improper, unlawful or unnecessary practices, businesses or conditions which do or may affect the public health, morals or welfare.
E. 
Refrain from operating the licensed business on the premises after expiration of the license and during any period when the license is revoked or suspended.
F. 
Post and maintain the license upon the licensed premises in a place where it may be seen at all times. Moreover, in the case of jukeboxes, vending machines and automatic amusement machines or devices and video games, the license shall be posted permanently and conspicuously at the location of the machine or device in the premises wherein the same is to be operated or maintained to be operated, and each machine or device shall have affixed thereto any insignia delivered for use therewith, upon the outside, so that it may be seen at all times.
G. 
Carry his license and identification card and display them at all times to any person requesting the same, if licensee is a transient merchant, itinerant merchant, itinerant vendor, peddler, solicitor or canvasser.
H. 
Not loan, sell, give or assign to any other person or allow any other person to use and display or destroy, damage or remove or have in his possession, except as authorized by the Borough Clerk or by law, any license or insignia which has been issued to the licensee.
I. 
In the event the license is issued for a vehicle, automobile, truck or wagon or any other automotive vehicle, post and maintain, in a conspicuous place upon the vehicle, any insignia or sticker issued with the license, which insignia or sticker shall at no time be removed or attached to any other vehicle.
[Amended 3-17-2009 by Ord. No. 6-2009]
A. 
Purpose. All license fees are imposed for the purpose of the regulation and control of the various professions, vocations, trades, businesses, callings or occupations hereinafter named.
B. 
Refunds or rebates. No rebate or refund of any license fee or any part thereof shall be made.
C. 
Due date. The due date is July 1 of every year.
[Amended 3-1-2016 by Ord. No. 5-2016]
D. 
Schedule of fees. The license fees for conducting or engaging in any of the professions, vocations, trades, businesses, callings or occupations hereinafter listed at the places to be designated in the license certificate or in using any wagon, vehicle, stand, store or place or thing for the sale of any goods or things, or for the type of services hereinafter designated, shall be as follows:
[Amended 4-19-2011 by Ord. No. 10-2011]
Amusement arcades: $150.
Amusement machines, pool tables, video game machines (in locations other than amusement arcades): $25 each.
Automatic amusement machines, pool tables, video games: $25 each.
Billboards: $100 each.
Business/retail licenses: $100.
Garage sale permits (limit of two per year): $10.
Hotels, motels, rooming houses, lodging houses and boardinghouses: $20 per sleeping room.
Professional licenses: $100.
Restaurant, entertainment provided: $200.
Ship- and boatyards or marinas: $250.
Swim clubs, bathing beaches, bathing houses, cabana clubs, etc.: $300.
Trade licenses: $100.
E. 
The inclusion of any business or occupation in this section is not intended to indicate that any such business or occupation is a permitted use within the Borough. Permitted uses are established only by the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 130, Land Use.
It shall be the duty of the Clerk of the Borough of Sea Bright, New Jersey, to keep a record of all licenses granted, as aforesaid, in a special book provided for that purpose.
A. 
Revocation or suspension of licenses. Any permit or license granted or issued pursuant to this chapter may be revoked by the Borough Council, after notice and hearing, for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for license.
(2) 
Fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise.
(3) 
Violation of this chapter or of any ordinance of the Borough of Sea Bright.
(4) 
Conviction of the licensee of any crime or offense involving moral turpitude.
(5) 
Conducting the business licensed through applicant himself or any of his agents, servants or employees in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public or in such manner as to constitute a public nuisance.
B. 
Notice of hearing on the revocation of a license shall be given, in writing, by the Borough Clerk, setting forth specifically the grounds of complaint and the time and place of the hearing. The notice shall be mailed, by certified mail, to the licensee, at the address indicated on the license application at least 10 days prior to the date set for the hearing.
C. 
In addition to the provisions for revocation, the Borough Clerk, the Chief of Police, any police officer or any taxpayer or resident of the Borough may make complaint in the Municipal Court of the Borough for violation of any section of this chapter.