[HISTORY: Adopted by the City Council of
the City of Paterson 1-27-2004 by Ord. No. 03-067. Amendments noted where
applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 309.
As used in this chapter, the following terms
shall have the meanings indicated:
Refers to any person, firm, corporation, partnership or other
entity that sells any goods, provides any services, solicits business,
offers goods or services for sale or hire, acquires or uses any vehicle,
machine or device or any premises in the City for business, trade
or occupational purposes.
Refers to any person, firm, corporation, partnership or other
entity that maintains an office or place or business to conduct, engage
in or carry on any business, trade or occupation within the City of
Paterson.
It shall be unlawful for any person, firm, corporation,
partnership or other entity to engage in any business, trade or occupation
within the City without first having obtained a license as hereinafter
provided in this chapter. Any mercantile establishment consisting
of more than one owner, partner, agent, servant or employee shall
be required to obtain only a single license for such business, trade
or occupation.
Every applicant shall be at least 18 years of
age and a citizen of the United States. The applicant shall be the
actual owner of the business, trade or occupation for which the license
is sought.
A.
The application shall be addressed to the City Council
and filed with the Division of Consumer Affairs Department of Health
and Human Services on forms furnished by said Division of Consumer
Affairs Department of Health and Human Services and approved by the
Council. The application shall be signed by the applicant and shall
contain the following information:
[Amended 11-23-2010 by Ord. No. 10-078]
(1)
The name of the applicant; if applicable, the general
partners shall also be designated. If a corporation, the president
and secretary shall also be designated. If a limited liability company,
the managing members shall also be designated.
(2)
The residence of the applicant (not a P.O. box number).
(3)
The Standard Industrial Classification Code for the
business conducted.
(4)
The location where the licensed business, trade or
occupation is to be conducted and its telephone number.
(5)
The specific nature of the business, trade or occupation.
(6)
Whether or not the applicant has ever had a license
to conduct the business, trade or occupation herein denied or revoked.
If so, the applicant shall set forth the details of such denial or
revocation, including all relevant dates, locations and authorities
involved in said denial or revocation.
(7)
If a corporation, the name and address of the registered
agent thereof.
B.
The application shall be accompanied by a fee of $50.
If the application is withdrawn prior to consideration by the City
Council, the fee will be refunded in full.
[Amended 11-9-2010 by Ord. No. 10-074]
A.
All mercantile establishments in the City of Paterson
shall, immediately upon passage of this chapter, apply for a license
to conduct their business, trade or occupation for the calendar year
2004. A fee shall not be required for any or license issued for the
calendar year 2004.
B.
The license fee for each mercantile establishment
shall be $125 per year or any part thereof, commencing January 1,
2011.
[Amended 11-9-2010 by Ord. No. 10-074]
C.
The term of the license shall be for the calendar
year. Each license shall expire on December 31 of the year in which
it was issued.
[Amended 11-23-2010 by Ord. No. 10-078]
The license shall be issued by the Division
of Consumer Affairs Department of Health and Human Services after
approval of the application by the City Council.
A.
This chapter shall not apply to any person, firm,
corporation, partnership or other entity that currently holds or comes
to hold a valid license issued by the State of New Jersey that exempts
the particular business, trade or occupation from municipal licensing.
B.
No license shall be required for the mere delivery
into the City of Paterson of any goods or property purchased or acquired
in good faith at a regular place of business located outside of the
City of Paterson where no intent to avoid the requirements of this
chapter can be shown.
C.
No provision of this chapter shall be applied so as
to impose any unlawful burden on interstate commerce or any activity
of the federal or state government.
D.
No license shall be required under this chapter or
any person, firm, corporation, partnership or other entity that is
required to be licensed under any other chapter.
Each license issued under this chapter shall
state either upon its face or by reference to this chapter.
A.
The name and address of the licensee and any and all
other names under which mercantile activities are conducted by the
licensee;
B.
Regulations of each license shall include the licensee
to permit access to and any and all inspections of the mercantile
activity and premises where said activity is conducted by City of
Paterson employees authorized to conduct such inspections such as,
but not limited to, Department of Health, Zoning, Public Works and
Community Improvement. The license number shall be printed on all
contracts, bills or correspondence of the licensee;
C.
The licensee shall ascertain and at all times comply
with the laws and regulations applicable to the mercantile activity;
and
D.
Such other regulations as the City Council may require
for any particular mercantile activity.
The license shall be posted in a conspicuous
place at the premises where the mercantile activity is conducted.
The license number shall be printed on all contracts, bills or correspondence
of the licensee.
Upon application made therefor, in accordance
with the requirements of this chapter, a license may be transferred
from a licensee to another licensee or from one premises to another
premises upon approval of the City Council. The fee for a transfer
shall be $100 and is in addition to the license fee.
In the event of the death of the licensee, the
license held must be transferred to a qualified applicant within 60
days. Said license will expire on the 61st day following the death
of the licensee if not transferred. There is no fee for transfer of
license on account of death of the licensee.
It shall be a condition for the issuance of
any license or renewal thereof that the applicant or licensee, if
the owner thereof, pay any delinquent property taxes or assessments
on the property where the mercantile activity is sought or conducted.
A license may be revoked or suspended when a licensee is delinquent
for four consecutive quarters. Upon payment of such delinquent taxes
or assessments, said license shall be restored.
Any license issued pursuant to this chapter
may be suspended or revoked by the City Council for cause after notice
and hearing or pending such hearing for:
A.
Fraud, misrepresentation or false statements contained
in the initial application or renewal.
B.
Conviction of the licensee of a crime or felony.
C.
Conducting the mercantile activity himself/herself
or by any agent, servant or employee in an unlawful manner that violates
this chapter, federal law, state law, any ordinance of the City of
Paterson or in any other manner that may constitute a breach of the
peace, menace to the public health, public safety and public nuisance.
D.
Failure to comply with the provisions of this chapter.
Notice of a hearing to suspend or revoke a license issued under this chapter shall be given in writing personally to the licensee or by regular mail to the address contained in the license referred to in § 322-8A. The notice shall set forth the grounds for the hearing. The hearing date shall be set no sooner than 10 days from the date of the notice.
A.
Following a hearing, the City Council may suspend,
revoke, impose additional conditions or modify existing conditions
of the license or impose a monetary penalty.
B.
Any sanction referred to in this section shall be
in addition to and not a replacement for any other violation of this
chapter, federal law, state law or other ordinance of the City of
Paterson.
The fee for license renewal shall be $100 due
and payable 30 days prior to the expiration of the current license.
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
less than $100 nor more than $1,250, by imprisonment for a term not
to exceed 90 days or by a period of community service for not more
than 90 days, or any combination thereof. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
