[HISTORY: Adopted by the Township Committee (now Council) of the Township of Galloway 1-18-1971 by Ord. No. 393 as Ch. 55, Art. I, of the 1971 Code. Amendments noted where applicable.]
Alcoholic beverages — See Ch. 99.
Private campgrounds — See Ch. 137.
Canvassers and door-to-door salesmen — See Ch. 141.
Licensing of contractors — See Ch. 157.
Festivals and mass assemblies — See Ch. 193.
Food establishments — See Ch. 207.
Junkyards — See Ch. 229.
Taxicabs, autocabs and limousines — See Ch. 301.
Towing companies — See Ch. 309.
Trailer courts — See Ch. 313.
Yard sales — See Ch. 333.
No person shall engage in or carry on any business in the Township of Galloway, nor aid or assist as employee, clerk or otherwise in carrying on such business or in using any wagon, vehicle, stand, store or other place or thing, nor sell or offer for sale any goods or things for which a license is required by the terms of this chapter unless a license as herein provided for shall have been first obtained.
[Amended 9-15-1980 by Ord. No. 639; 11-3-1980 by Ord. No. 647]
Application for a license shall be made to the Municipal Clerk of the Township of Galloway, New Jersey. No license shall be granted until an application, to be supplied by the township, has been properly completed and executed and payment for said license, as required, shall have been made in full. Every license shall specify the person to whom it shall be issued, the business for which it is granted, including a complete description of the proposed business, and the location at which said business is to be carried on. In the event that the applicant is a corporation, then the applicant shall submit a copy of its certificate of incorporation, the names and addresses of each person owning 10% or more of the shares of stock issued by said corporation and the names and addresses of the officers of said corporation, specifying the office held by each said person, together with the name and address of the registered agent for said corporation. In the event that the applicant is a partnership, then and in such event the applicant shall supply the township with the name and address of each partner, general or limited, having at least a ten-percent interest in said partnership.
In the event that the Municipal Clerk shall have reasonable cause to believe that the information submitted on and/or attached to the application by the applicant is not complete or is incorrect, whether supplied in such a manner intentionally or unintentionally, and/or in the event that the Municipal Clerk shall have reasonable cause to believe that the nature of the business proposed to be conducted by the applicant and/or the persons to be involved in said business would be detrimental to the health, welfare and/or general safety of the citizens of the Township of Galloway, and/or the Municipal Clerk shall have reasonable cause to question the good character and/or fitness of the applicant or anyone having a 10% or more interest in the applicant and the character and/or fitness of the applicant can reasonably be questioned because of its relationship to the nature of the business, the operation of the business and/or the general health, welfare and/or safety of the general public as the same are related to police powers of the township, the Municipal Clerk shall have the right to deny said license and to refer the same to the Municipal Council for its determination as to whether or not said license should be issued. The Municipal Council shall, within 15 days of receipt by it of written notice from the Municipal Clerk of his or her denial of said license and the reasons therefor, a copy of which shall have been sent to the applicant and/or the applicant's duly authorized representative, establish a public hearing date, which date shall be not less than 30 nor more than 45 days from the date of the receipt of said denial from the Municipal Clerk. The Municipal Clerk shall issue said license or shall deny said license within five days from the date of the receipt of the application and fees as provided for herein. The Municipal Council shall have the right to hold its hearing within a smaller or larger time period than above set forth, if it deems it necessary, with the consent of the applicant.
Each applicant shall indicate whether the business shall in any manner be involved in the handling, storing, sale or lease of any hazardous and/or explosive materials, itemizing within the application the particular materials involved.
[Added 6-12-1990 by Ord. No. 1006]
[Amended 6-12-1990 by Ord. No. 1006; 6-28-2005 by Ord. No. 1609]
All license fees shall be due and payable to the Township of Galloway at the office of the Municipal Clerk, 300 E. Jimmie Leeds Road, Galloway, New Jersey 08205, on the 15th day of November of each year, and all such licenses shall expire on the 15th day of November following.
[Amended 10-1-1973 by Ord. No. 453; 6-12-1990 by Ord. No. 1006]
The license fees to be paid annually as above provided to the Township of Galloway, for conducting the businesses covered by this chapter at the places to be designated in the license certificate issued therefor, or in using any wagon, vehicle, stand, store or place or thing, or for the sale of any goods or thing by auction or otherwise, or for the type of service hereinafter designated, shall be as follows:
For purposes of this section, a change of address for a business or business name shall require a fee of $15.
[Amended 9-22-1998 by Ord. No. 1358; 2-27-2007 by Ord. No. 1678]
The license fee shall be $50.00 for a mercantile license.
[Amended 1-28-1997 by Ord. No. 1278; 2-27-2007 by Ord. No. 1678]
For purposes of this section, a change of ownership in a business shall require the purchase of a mercantile license and a fee of $50 from November 15 to May 15 and $25 from May 16 to November 14.
[Amended 9-22-1998 by Ord. No. 1358; 2-27-2007 by Ord. No. 1678]
No person or persons shall be allowed to transact any business under any license granted under this chapter except the business for which such license was especially granted.
[Amended 10-20-1975 by Ord. No. 511; 11-2-1980 by Ord. No. 647]
No license certificate shall be issued to any person who has not complied with the laws of the United States of America, the State of New Jersey or the ordinances of the Township of Galloway with respect to the provisions of regulations and/or ordinances or statutes respecting the health, safety and general welfare of the citizens of the Township of Galloway who may have occasion to use the premises, place or thing licensed.
In any case where the person licensed fails to comply with such laws or ordinances and/or with any other law or ordinance respecting the general health, welfare and/or safety of the citizenry, upon due written notice to the licensee setting forth the alleged violations and establishing an opportunity to be heard in a public meeting within a reasonable time thereafter, the Municipal Council for the Township of Galloway may revoke such license, either temporarily or permanently, as the Municipal Council shall deem fit in accordance with the guidelines hereinafter set forth. The following shall be grounds for the Municipal Council to temporarily revoke a mercantile license for a period not to exceed six months. (Each violation may give rise to temporary revocation for a period not to exceed six months, and each date of existence of a violation shall be considered a separation violation.)
Any violation of a municipal ordinance and/or of the criminal statutes of the State of New Jersey which call for a penalty not exceeding that provided for when found guilty of a disorderly persons offense under said criminal code; provided, however, that said offense shall be in some way related to or involve the operation of the business in question.
Any violation set forth above which gives rise to a temporary revocation which is before the Municipal Council for the second time or more, whenever said violation(s) is/are found to be a fact by said Municipal Council and whenever the licensee is the same licensee who previously came before the Council and was found to be in violation and/or any successor thereto when the persons and/or principals being charged a second or more times were involved in the previous hearing before the Municipal Council and own 50% or more of an interest in the succeeding licensee.
No license provided for in this chapter shall be transferable from one person to another, and no license shall cover any other place of business other than that for which it was issued.
A revocation hearing may take place at any time after the initial issuance of a license in accordance with the provisions of this chapter hereinabove set forth.
Editor's Note: Original § 55-7, regarding prorated fees, which previously followed this section, as amended 6-12-1990 by Ord. No. 1006, was repealed 1-28-1997 by Ord. No. 1278.
[Amended 6-12-1990 by Ord. No. 1006]
The fees herein imposed for such licenses are imposed for revenue purposes where necessary to conduct investigations and to enforce laws. Otherwise said fees are collected to cover administrative processing costs, all in accordance with the provisions of N.J.S.A. 40:52-1 et seq., as amended.
Editor's Note: Former § 241-8, Use of police to enforce regulations, was repealed 2-27-2007 by Ord. No. 1678.
The use of the word "person" shall, for the purpose of this chapter, be deemed to include persons, firms, copartnerships and corporations.
[Amended 11-3-1980 by Ord. No. 647]
The use of the word "business" shall, for the purposes of this chapter, be deemed to include businesses, trades, callings, vocations and those professions which are not specifically excluded by state statute or case law of the State of New Jersey.
It shall be a condition to the issuance of any and all licenses under this chapter that said business shall be used and operated only for lawful purposes.
[Added 9-15-1980 by Ord. No. 639]
If for any reason whatsoever within the meaning of this chapter the Municipal Clerk shall decline to issue a mercantile license to an applicant, the applicant shall have the right, upon the filing of a written notice so to do with the Municipal Clerk, to appeal said ruling to the Township Council within 10 days from the date of a receipt of a written denial of said license from the Municipal Clerk. Upon giving a written notice of intention to appeal to the Municipal Council to the Municipal Clerk, the applicant shall be entitled to a hearing before the Municipal Council within 30 days from the date of said notice. Thereafter, the Council shall render a decision either affirming, revoking or amending the decision of the Township Clerk, as it shall see fit, within 15 days from the date of the conclusion of said hearing, and the failure so to do shall be construed as if said license were granted in the manner applied for. Nothing herein shall be construed to prohibit the applicant to agree to grant the Municipal Council an extension of time within which to consider and render its decision for a period of time to be agreed upon by the parties.
[Amended 1-18-1971 by Ord. No. 393; 6-28-2005 by Ord. No. 1609; 2-27-2007 by Ord. No. 1678; 12-13-2016 by Ord. No. 1951-2016]
The Code Enforcement Officer shall have the authority to violate any business or entity in which violates any of the provisions of this chapter shall, upon conviction in the Municipal Court of the Township of Galloway, be punished for each offense by a fine of not more than $2,000, imprisonment of not more than 90 days and/or a period of community service for not more than 90 days.
Every person conducting a business required to be licensed hereby shall permit the Township Clerk or his accredited agents or assistants to have access to any buildings or premises for the purpose of ascertaining whether there has been compliance with the provisions of this chapter and other ordinances and to determine the fees to be paid. Any refusal thereof shall be deemed a violation of this chapter and be subject to the penalties.
[Added 11-30-1980 by Ord. No. 647; amended 9-27-1988 by Ord. No. 926; 6-12-1990 by Ord. No. 1006]
In no event shall a mercantile license be issued, nor shall such license be renewed for the holder thereof, if he is the owner of real estate upon which there is due and owing to the township any property taxes, assessments or any other fees wherein the business or activity for which the license or permit is sought or wherein the business or activity is to be conducted. Said mercantile license may be revoked or suspended when any licensee who is an owner of the property upon which the licensed business or activity is conducted has failed to pay the taxes or assessments for at least three consecutive quarters.
Upon payment of the delinquent taxes or assessments, the license or permit shall be restored.
The provisions of this section shall not apply to or include any alcoholic beverage license or permit issued pursuant to N.J.S.A. 33:1-1 et seq.
[Added 1-28-1997 by Ord. No. 1278]
No mercantile license shall be issued nor shall such license be renewed for the holder thereof unless any and all payments due to the Township of Galloway for the existence of and use of an alarm system and/or any fees which may be due to the township for false alarms have been paid in full.
[Added 2-27-2007 by Ord. No. 1678]
Any person or entity which receives a mercantile license from the Township shall be required, in any and all advertisements for the licensed business activity which states the business location, to state that location as Galloway Township.