[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.]
GENERAL REFERENCES
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.
[Amended 9-12-2023 by Ord. No. 2114-2023]
A.
Any person
engaged in conducting or operating a business within the limits of
the Township shall be required to secure a license for any business
so conducted or operated.
B.
No person
shall manage or conduct any business or use any wagon, vehicle, stand,
store, professional office or other place herein required to be licensed,
or aid, assists or act as employee, clerk or otherwise in the carrying
on of a business, or use of any wagon, vehicle, stand, store or other
place, unless a license and fee has been paid and obtained.
[Amended 9-15-1980 by Ord. No. 639; 11-3-1980 by Ord. No. 647]
A.
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.
B.
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.
C.
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]
D.
A certificate
of occupancy or continued certificate of occupancy is required if
applicable for the premise to be licensed, and the obtaining of said
certificate of occupancy or continued certificate of occupancy shall
be prerequisite to the issuance of the business license.
[Added 9-12-2023 by Ord. No. 2114-2023]
E.
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 prerequisite to the issuance of a business license.
In the event of revocation of the Atlantic County Board of Health
certificate of approval, such shall be grounds for revocation of the
business license.
[Added 9-12-2023 by Ord. No. 2114-2023]
F.
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 upon request of any
police officer or any person with whom he/she is doing business.
[Added 9-12-2023 by Ord. No. 2114-2023]
[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, professional office or for the sale of any goods or service,
shall be as follows:
A.
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]
B.
The license fee shall be $75 for a business license.
[Amended 1-28-1997 by Ord. No. 1278; 2-27-2007 by Ord. No. 1678; 9-12-2023 by Ord. No. 2114-2023]
C.
A change in ownership in a business shall be required
the purchase of a business license with a fee of $75 and no pro rate
shall be permitted.
[Amended 9-22-1998 by Ord. No. 1358; 2-27-2007 by Ord. No. 1678; 9-12-2023 by Ord. No. 2114-2023]
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]
A.
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.
B.
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.)
(1)
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.
(2)
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.
C.
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.
D.
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.[1]
[1]
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.
[1]
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]
A.
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.
B.
Upon payment of the delinquent taxes or assessments,
the license or permit shall be restored.
C.
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.
