[HISTORY: Adopted by the Mayor and Council
of the Borough of Glassboro as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch.
150.
Explosives, fireworks and weapons — See Ch.
245.
Massage establishments — See Ch.
313.
Peddlers, solicitors and transient merchants — See Ch.
357.
Rental housing — See Ch.
379.
[Adopted 4-25-1989 by Ord. No. 89-12]
This article shall be known as the "License
Renewal and Revocation Ordinance of the Borough of Glassboro."
In order to provide local services to the residents
and property owners of the Borough of Glassboro and to the general
public, the Borough of Glassboro relies upon the collection of duly
assessed real estate taxes and other assessments to provide the necessary
revenues. If the payment of said property taxes and assessments are
not made in a timely manner, revenues are insufficient and required
municipal services cannot be adequately provided. In order to make
up for such delinquencies, a reserve must be established in the municipal
budget for uncollected taxes, the result of which is the assessment
and collection of a greater amount of taxes than would otherwise be
required from all other property owners in the Borough. Individuals
who own property and who conduct businesses or engage in other activities
from such property which business or activities are properly regulated
by the Borough of Glassboro and which thus require the issuance of
local licenses or permits should not be permitted to enjoy the privilege
of operating such businesses or conducting such activity if their
real estate taxes and other assessments are not current. Therefore,
pursuant to the authority granted by the State Legislature in N.J.S.A.
40:52-1.2, the Borough of Glassboro enacts this article to require
that no local license or permit shall be issued, renewed or maintained
in good standing unless all real estate taxes and assessments are
paid current.
As used in this article, the following terms
shall have the meanings indicated:
LICENSE or PERMIT
Any license or permit issued by or requiring the approval
of the Borough of Glassboro or any department or agency of the Borough
of Glassboro, including but not limited to the Water and Sewer Department
and the Board of Health. By way of illustration, licenses and permits
shall include but shall not be limited to rooming house and rental
facility licenses; retail food establishment licenses; water and sewer
connection permits; licenses or permits for theaters, dance halls,
billiard parlors, bowling alleys, arcades, etc.; junkyard licenses;
taxicab licenses; and the like. License or permit shall not include
any alcoholic beverage license or permit issued pursuant to the Alcoholic
Beverage Control Act.
OWNER
The firm, person or corporation who is a legal title owner
of real property or a beneficial owner of the same, either individually
or jointly with others.
As a condition for the issuance or renewal of
any license or permit, the applicant shall be required to pay any
delinquent real estate 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, if
the applicant is the owner thereof.
Any license or permit shall be revoked or suspended
when the licensee, who is the owner of the property upon which the
licensed business or activity is conducted, has failed to pay real
estate property taxes or assessments due on the property for at least
three consecutive quarters. Upon payment of the delinquent taxes or
assessments, the license or permit shall be restored.
[Adopted 8-26-2008 by Ord. No. 08-52]
There is hereby established an article entitled
"Mercantile Licenses" within the Borough of Glassboro. The purpose
of this article is to record the types and operators of the businesses
existing and operating in the Borough. Such registration will safeguard
the interest of residents as well as merchants and is enacted for
the health, safety and welfare of the Borough of Glassboro residents.
It shall be unlawful for any person, partnership,
firm, corporation, limited liability company or limited liability
partnership to maintain an office or place of business or to conduct,
engage in or carry on any business, trade or occupation within the
Borough of Glassboro without first complying with the provisions of
this article and obtaining a license therefor as provided herein.
[Amended 12-27-2012 by Ord. No. 12-69]
A. Applications for all licenses required by this article
shall be made in writing to the Business Development Director or his
or her designee, who shall serve as the licensing officer. Each application
shall contain the following information:
(1) Names, addresses and phone numbers:
(a)
The name(s), address(es), and phone number(s)
of the applicant; if a corporation or limited liability entity, the
name(s), address(es) and phone number(s) of the president and secretary,
member or managing member shall be set forth; if a partnership, the
name(s), address(es) and phone number(s) of all partners shall be
set forth.
(b)
The name(s), address(es), and phone number(s)
of the owner of the property; if a corporation or limited liability
entity, the name(s), address(es) and phone number(s) of the president
and secretary, member or managing member shall be set forth; if a
partnership, the name(s), address(es) and phone number(s) of all partners
shall be set forth.
(c)
The name(s), address(es) and phone number(s)
of an emergency contact person who can be reached at any time.
(2) The legal name and trading name, if applicable, under
which the business is to be conducted.
(3) The actual resident address of the applicant (i.e.,
place of domicile).
(4) The actual street address at which the business is
to be conducted.
(5) The specific nature of the business.
(6) The applicant's resident address during the past five
years.
(7) Whether or not the applicant has ever had a license
to conduct the business herein described denied or revoked. If such
license has been denied, the applicant shall set forth in detail the
facts leading to such denial.
(8) The details of any conviction for any crimes of the
first, second, third or fourth degree and the date of the conviction
and the place where said conviction was obtained.
(9) The business telephone number of the applicant.
(10)
If a corporation or limited liability entity,
the name, address and phone number of the registered agent thereof.
B. Prior to the issuance of a license, the Business Development
Director or his or her designee, in his or her discretion, shall have
the authority to cause a routine police check to be made of the applicant
to verify the validity of the information above described.
When submitting the information described in
the preceding section, the applicant shall certify that such information
is supplied to the Borough of Glassboro with full understanding that
the Borough shall rely upon the accuracy of the facts set forth therein
in granting the mercantile license. By its submission for a mercantile
license, the applicant further agrees to comply with the laws and
ordinances of the Borough of Glassboro applicable to the operation
of said business.
[Amended 12-27-2012 by Ord. No. 12-69]
The Business Development Director or his or
her designee is hereby authorized to prepare forms to be utilized
for the purposes of this article.
Any person, firm or corporation shall be subject
to the requirement to obtain a mercantile license if, by himself or
herself or through an agent, employee or partner, he or she holds
himself or herself forth as being engaged in a business or occupation
or solicits patronage therefor, actively or passively, or performs
or attempts to perform any part of such business or occupation with
the Borough of Glassboro.
All licenses shall terminate on December 31
of each year.
[Amended 12-27-2012 by Ord. No. 12-69]
All license fees are due 30 days after receipt
of renewal notice or by January 31. Those fees not received by said
date shall be subject to a late fee of $20. Failure to submit a mercantile
license application will be subject to a late fee of $20.
The person, firm or corporation conducting the
business licensed under the provisions of this article shall display
the license issued hereunder at the principal place of business in
a conspicuous place.
[Amended 12-27-2012 by Ord. No. 12-69]
Any person, firm or corporation receiving a
license pursuant to this article shall notify the Business Development
Director or his or her designee within 10 days after a change in the
location of any licensed business.
[Amended 12-27-2012 by Ord. No. 12-69]
All businesses, trades and activities conducted
within the Borough of Glassboro regulated by this article shall pay
a license fee of $10 for each year in which they operate said business.
[Amended 12-27-2012 by Ord. No. 12-69]
The Business Development Director or his or
her designee shall have the right to revoke any license whenever the
holder thereof or any of the licensees, agents or servants violate
any provision of this article, the laws of the State of New Jersey
or any rules or regulations promulgated as herein provided. After
written notice of the revocation has been served upon the licensee,
an appeal may be filed to the Borough Council within 10 days of service
of said notice. The Borough Council shall thereon conduct a hearing
of the matter within 30 days after receipt of the notice of appeal
and shall render a decision within 15 days of such hearing.
[Amended 12-27-2012 by Ord. No. 12-69]
The Business Development Director or his or
her designee of the Borough of Glassboro is hereby authorized and
directed to enforce the terms and conditions of this article and shall
have the authority to delegate such enforcement power to other employees
of the Borough of Glassboro and/or the State of New Jersey.
It shall be a condition of the issuance of any and all licenses under the provisions of this article that said business shall be used and operated only for lawful purposes and not in violation of Chapter
107, Development Regulations and Zoning, or other ordinances of the Borough of Glassboro.
[Added 11-22-2022 by Ord. No. 22-28]
A. The owner of a business shall maintain liability insurance for negligent
acts and omissions in an amount of not less than $500,000 for combined
property damage and bodily injury to or death of one or more persons
in any one accident or occurrence.
B. The owner of a business shall annually register the certificate of insurance demonstrating compliance with Subsection
A of this section with the municipality in which the business is located.
C. The Borough may enforce the registration provisions of this section
through a summary proceeding pursuant to the "Penalty Enforcement
Law of 1999," P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.), and may
collect a fine of not less than $500 but not more than $5,000 against
an owner who failed to comply with the provisions of this act.
[Amended 6-22-2021 by Ord. No. 21-11]
Any person, firm, association, or corporation
violating any section of this article shall, upon conviction in the
Municipal Court, be subject to one or more of the following: a minimum
mandatory fine of $100 but not to exceed $1,000; imprisonment for
a term not exceeding 90 days; or a period of community service not
exceeding 90 days. Each day after the initial violation shall be considered
a new and individual violation.