The purpose of this Article is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses issued
by the city, except alcoholic beverage licenses, dog licenses and taxicab
licenses and except as may otherwise be specifically provided in this Article.
[Amended 3-4-2002 by Ord. No. 1538-02]
A. Each application shall be referred to the Chief of Police
or a police officer designated by him within 10 days of receipt of a completed
application by the City Clerk. A license shall not be granted if the following
occurs:
(1) The licensee has failed to comply with the provisions
of this chapter.
(2) The licensed premises or use thereof is not permitted
by the terms and provisions of the Zoning Ordinance.
(3) Licensee is in violation of any law, code or regulation
involving the business to be licensed.
(4) The individual applicant or the principals and manager
of a firm applicant or any of them have been convicted of an offense against
the narcotics§ laws of the State of New Jersey or a crime involving
moral turpitude which touches on the business to be licensed.
B. He shall communicate his findings in writing to the City
Clerk within 15 days after the application has been filed. If the investigator
determines that any of the above conditions exist, he shall disapprove of
the application, and the Clerk shall refuse to issue the license and shall
so notify the applicant within 10 days of the receipt of the report from the
Police Department. Otherwise, the City Clerk shall issue the license immediately,
provided the required license fees have been paid, except in cases where the
approval of the City Council is required. In the case of an application for
a solicitor's, peddler's or canvasser's license, the license
may be issued immediately subject to the investigation. In the event of the
refusal of the issuance of a license, the applicant may appeal to the City
Council for a hearing. The appeal shall be filed in writing with the City
Clerk within 14 days after notification of the refusal. The City Council shall
hold its hearing within 30 days thereafter.
Licenses shall be in a form which the City Council shall prescribe by
resolution and shall contain the following information:
A. The name and address of the licensee.
B. The number and type of license and the nature of the
licensed activity.
C. The street address or, if there is no street address,
the lot and block number as shown on the Tax Map at which the licensed activity
is conducted, if the activity is carried on at a fixed location.
D. If the licensed activity is conducted from a vehicle,
the make, model and license number of the vehicle.
E. The expiration date of the license.
F. Any other appropriate information which the City Council
may require by resolution.
The City Clerk shall keep a record of all licenses issued under this article. The record shall be in a form prescribed by resolution of the City Council and shall contain the same information as is required by §
177-4 to be contained in the license. It shall also indicate the amount of the fee paid for each license, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal and any other information which the City Council may require by resolution.
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 it upon the request of any police
officer or any person with whom he is doing business.
Every license shall apply only to the person to whom it was issued and
shall not be transferable to another person. Licenses may be transferred from
place to place in cases where the licensed activity is conducted at a fixed
location, but only with the approval, by resolution, of the City Council.
Notice of a hearing for the revocation of a license or permit shall
be given in writing by the City Clerk. The notice shall specifically set forth
the grounds upon which the proposed revocation is based and the time and place
of the hearing. It shall be served by mailing a copy to the licensee at his
last known address by certified mail, return receipt requested, at least five
days prior to the date set for the hearing.
The City Council may, by resolution, make rules and regulations which
interpret or amplify any provisions of this article or are for the purpose
of administering the provisions of this article, or making them more effective.
No regulation shall be inconsistent with or alter or amend any provision of
this article, and no regulation shall impose any requirement which is in addition
to or greater than the requirements that are expressly or by implication imposed
by any provision of this article.