[Adopted 6-19-1975 by Ord. No. 297-75
as Section 4-1 of Chapter IV of the Revised General Ordinances of the City
of Passaic, 1975]
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[1] and except as may otherwise be specifically provided in this Article.
A.
All applications for licenses and renewals of licenses
shall be accompanied by the required fee, shall be made to or through the
City Clerk upon forms provided by him and shall contain the following information:
(1)
Name and permanent and local address of the applicant.
If the applicant is a corporation, the name and address of its registered
agent.
(2)
If the licensed activity is to be carried on at a fixed
location, the address and description of the premises.
(3)
If a vehicle is to be used, its description, including
the license number.
(4)
If the applicant is employed by another, the name and
address of the employer, together with credentials establishing the exact
relationship.
(5)
The days of the week and the hours of the day during
which the licensed activity will be conducted.
(6)
A description of the nature of the business and the goods,
property or services to be sold or supplied.
(7)
A statement as to whether the applicant has been convicted
of any crime or the violation of any municipal ordinance other than traffic
offenses and, if so, the date and place of conviction, the nature of the offense
and the punishment or penalty imposed.
(8)
Appropriate evidence as to the good character and business
responsibility of the applicant, so that an investigator may properly evaluate
his character and responsibility.
B.
Applications by partnerships shall be signed by all partners
with the information required by this section supplied in detail as to each
partner, and applications of corporations shall have attached individual statements
containing all of the information required by this section relating to each
employee or agent who shall engage in the licensed activity and shall be signed
by each employee or agent.
[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.
(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.
A.
Any license or permit issued by the City may be revoked
by the City Council after notice and a hearing for any of the following causes:
(1)
Fraud or misrepresentation in any application for a permit
or license.
(2)
Fraud, misrepresentation or other dishonesty in the conduct
of the licensed activity.
(3)
A violation of any provision of this Code.
(4)
Conviction of the licensee for any felony or high misdemeanor
or a misdemeanor or disorderly person's offense involving moral turpitude.
(5)
Conduct of the licensed activity, whether by the licensee
himself or his agents or employees, in an unlawful manner or in a manner that
constitutes a breach of the peace or a menace to the public health, safety
or general welfare.
B.
Whenever a license has been issued immediately upon an
application, pending the results of the investigation provided for by this
article, such license may be summarily revoked if the result of the investigation
is such as would have resulted in denial of the application.
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.
A.
At the hearing the licensee shall have the right to appear
and be heard, to be represented by an attorney, to present witnesses in his
own behalf, to cross-examine opposing witnesses and to have a permanent record
made of the proceedings at his own expense. The City Council shall revoke
or suspend the license if it is satisfied by a preponderance of the evidence
that the licensee is guilty of the acts charged.
B.
Any decision to revoke or suspend a license shall be
in effect 10 days following the decision of the Council to allow for prompt
judicial review of this decision.
[Added 3-4-2002 by Ord. No. 1538-02]
A.
The City Council may issue another license to a person
whose license has been revoked or denied as provided in this article if, after
hearing, they are satisfied by clear and convincing evidence that the acts
which led to the revocation or denial will not occur again; otherwise, no
person whose license has been revoked or denied, nor any person acting for
him directly or indirectly, shall be issued another license to carry on the
same activity.
B.
An application for reinstatement of a revoked license
shall not be made prior to 60 days from the revocation of the license. All
applications for reinstatement shall include a plan and/or steps that the
applicant proposes to take in order to remedy the license violations which
resulted in the revocation of the license.
[Added 3-4-2002 by Ord. No. 1538-02]
C.
The Council shall act within 45 days of the receipt of
the completed application for reinstatement to issue the license or deny same.
[Added 3-4-2002 by Ord. No. 1538-02]
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.
