[HISTORY: Adopted by the City Council of the City of Paterson 1-27-2004 by Ord. No. 03-067. Amendments noted where applicable.]
Licenses and permits — See Ch. 309.
As used in this chapter, the following terms shall have the meanings indicated:
- BUSINESS, TRADE or OCCUPATION
- 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.
- MERCANTILE ESTABLISHMENT
- 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.
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]
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.
The residence of the applicant (not a P.O. box number).
The Standard Industrial Classification Code for the business conducted.
The location where the licensed business, trade or occupation is to be conducted and its telephone number.
The specific nature of the business, trade or occupation.
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.
If a corporation, the name and address of the registered agent thereof.
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]
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.
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]
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.
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.
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.
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.
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.
The name and address of the licensee and any and all other names under which mercantile activities are conducted by the licensee;
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;
The licensee shall ascertain and at all times comply with the laws and regulations applicable to the mercantile activity; and
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:
Fraud, misrepresentation or false statements contained in the initial application or renewal.
Conviction of the licensee of a crime or felony.
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.
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.
Following a hearing, the City Council may suspend, revoke, impose additional conditions or modify existing conditions of the license or impose a monetary penalty.
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.